N.Y. Military Law § 130.38: Duties of trial counsel and defense counsel

§ 130.38. Duties of trial counsel and defense counsel. (a) The trial

counsel of a general or special court-martial shall prosecute in the

name of the state, and shall, under the direction of the court, prepare

the record of the proceedings.

(b) The accused shall have the right to be represented in his defense

before a general or special court-martial by civilian counsel if

provided by him, or by military counsel of his own selection if

reasonably available, or by the defense counsel duly appointed pursuant

to section 130.27. Should the accused have counsel of his own selection,

the duly appointed defense counsel, and assistant defense counsel, if

any, shall, if the accused so desires, act as his associate counsel;

otherwise they shall be excused by the military judge or by the

president of a court-martial without a military judge.

(c) In every court-martial proceeding, the defense counsel may, in the

event of conviction, forward for attachment to the record of proceedings

a brief of such matters as he feels should be considered in behalf of

the accused on review, including any objection to the contents of the

record which he may deem appropriate.

(d) An assistant trial counsel of a general court-martial may, under

the direction of the trial counsel or when he is qualified to be a trial

counsel as required by section 130.27, perform any duty imposed by law,

regulation, or the custom of the service upon the trial counsel of the

court. An assistant trial counsel of a special court-martial may perform

any duty of the trial counsel.

(e) An assistant defense counsel of a general or special court-martial

may, under the direction of the defense counsel or when he is qualified

to be the defense counsel as required by section 130.27, perform any

duty imposed by law, regulation, or the custom of the service upon

counsel for the accused.