N.Y. Military Law § 130.50: Admissibility of records of courts of inquiry

§ 130.50. Admissibility of records of courts of inquiry. (a) In any

case not extending to the dismissal of an officer, the sworn testimony,

contained in the duly authenticated record of proceedings of a court of

inquiry, of a person whose oral testimony cannot be obtained, may, if

otherwise admissible under the rules of evidence, be read in evidence by

any party before a court-martial if the accused was a party before the

court of inquiry and if the same issue was involved or if the accused

consents to the introduction of such evidence.

(b) Such testimony may be read in evidence only by the defense in

cases extending to the dismissal of an officer.

(c) Such testimony may also be read in evidence before a court of

inquiry or a military board.