N.Y. Military Law § 130.51: Voting and rulings

§ 130.51. Voting and rulings. (a) Voting by members of a general or

special court-martial on the findings and on the sentence, and by

members of a court-martial without a military judge upon questions of

challenge, shall be by secret written ballot. The junior member of the

court shall in each case count the votes, which count shall be checked

by the president, who shall forthwith announce the result of the ballot

to the members of the court.

(b) The military judge and, except for questions of challenge, the

president of a court-martial without a military judge shall rule on all

questions of law and all interlocutory questions arising during the

proceedings. Any such ruling made by the military judge upon any

question of law or any interlocutory question other than the factual

issue of mental responsibility of the accused, or by the president of a

court-martial without a military judge upon any question of law other

than a motion for finding of not guilty, is final and constitutes the

ruling of a court. However, the military judge or the president of a

court-martial without a military judge may change his ruling at any time

during the trial. Unless such ruling be final, if any member objects

thereto, the court shall be cleared and closed and the question decided

by a vote as provided in section 130.52, viva voce, beginning with the

junior in rank.

(c) Before a vote is taken on the findings, the military judge or the

president of a court-martial without a military judge shall, in the

presence of the accused and counsel, instruct the members of the court

as to the elements of the offense and charge them--

(1) that the accused must be presumed to be innocent until his guilt

is established by legal and competent evidence beyond reasonable doubt;

(2) that in the case being considered, if there is a reasonable doubt

as to the guilt of the accused, the doubt shall be resolved in favor of

the accused and he shall be acquitted;

(3) that if there is a reasonable doubt as to the degree of guilt, the

finding must be in a lower degree as to which there is no reasonable

doubt; and

(4) that the burden of proof to establish the guilt of the accused

beyond reasonable doubt is upon the state.

(d) Subdivisions (a), (b) and (c) do not apply to a court-martial

composed of a military judge only. The military judge of such a

court-martial shall determine all questions of law and fact arising

during the proceedings and, if the accused is convicted, adjudge an

appropriate sentence. The military judge of such a court-martial shall

make a general finding and shall in addition on request find the facts

specially. If an opinion or memorandum of decision is filed, it will be

sufficient if the findings of fact appear therein.