N.Y. Military Law § 130.39: Sessions

§ 130.39. Sessions.

(a) At any time after the service of charges which have been referred

for trial to a court-martial composed of a military judge and members,

the military judge may, subject to section 130.35 of this chapter, call

the court into session without the presence of the members for the

purpose of--

(1) hearing and determining motions raising defenses or objections

which are capable of determination without trial of the issues raised by

a plea of not guilty;

(2) hearing and ruling upon any matter which may be ruled upon by the

military judge under this chapter, whether or not the matter is

appropriate for later consideration or decision by members of the court;

(3) if permitted by regulations issued pursuant to this chapter,

holding the arraignment and receiving the pleas of the accused; and

(4) performing any other procedural function which may be performed by

the military judge under this chapter or under rules prescribed pursuant

to section 130.36 of this chapter and which does not require the

presence of the members of the court. These proceedings shall be

conducted in the presence of the accused, the defense counsel, and the

trial counsel and shall be made a part of the record.

(b) When the members of a court-martial deliberate or vote, only the

members may be present. All other proceedings, including any other

consultation of the members of the court with counsel or the military

judge, shall be made a part of the record and shall be in the presence

of the accused, the defense counsel, the trial counsel, and, in cases in

which a military judge has been detailed to the court, the military

judge.