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New York · Through 2026-09-11

N.Y. Military Law § 130.45: Pleas of the accused

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Where this section sits in the code
  1. Military Law
  2. Article 7. Code of Military Justice
  3. Part 7. Trial Procedure

§ 130.45. Pleas of the accused. (a) If an accused after arraignment

makes any irregular pleading, or after a plea of guilty sets up matter

inconsistent with the plea, or if it appears that he has entered the

plea of guilty improvidently or through lack of understanding of its

meaning and effect, or if he fails or refuses to plead, a plea of not

guilty shall be entered in the record and the court shall proceed as

though he had pleaded not guilty.

(b) With respect to any charge or specification to which a plea of

guilty has been made by the accused and accepted by the military judge

or by a court-martial without a military judge, a finding of guilty of

the charge or specification may, if permitted by regulations issued

pursuant to this chapter, be entered immediately without vote. This

finding shall constitute the finding of the court unless the plea of

guilty is withdrawn prior to announcement of the sentence, in which

event the proceeding shall continue as though the accused had pleaded

not guilty.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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