N.Y. Military Law § 130.44: Former jeopardy

§ 130.44. Former jeopardy. (a) No person shall without his consent,

be tried a second time by a civil court or a military court of the state

for the same offense.

(b) No proceeding in which an accused has been found guilty by a

court-martial upon any charge or specification shall be held to be a

trial in the sense of this section until the finding of guilty has

become final after review of the case has been fully completed.

(c) A proceeding which, subsequent to the introduction of evidence but

prior to a finding, is dismissed or terminated by the convening

authority or on motion of the prosecution for failure of available

evidence or witnesses without any fault of the accused shall be a trial

in the sense of this section.