N.Y. Military Law § 130.57: Effective date of sentences

§ 130.57. Effective date of sentences. (a) Whenever a sentence of a

court-martial as lawfully adjudged and approved includes a forfeiture of

pay or allowances in addition to confinement not suspended or deferred,

the forfeiture may apply to pay or allowances becoming due on or after

the date such sentence is approved by the convening authority and to any

pay or allowances accrued before such date.

(b) Any period of confinement included in a sentence of a

court-martial shall begin to run from the date the sentence is adjudged

by the court-martial, but periods during which the sentence to

confinement is suspended or deferred shall be excluded in computing the

service of the term of confinement. Regulations adopted pursuant to this

chapter may provide that sentences of confinement shall not be executed

until approved by such officers as may be designated in such

regulations.

(c) All other sentences of court-martial shall become effective on the

date ordered executed.

(d) On application by an accused who is under sentence to confinement

that has not been ordered executed, the convening authority or, if the

accused is no longer under his jurisdiction, the officer exercising

similar court-martial convening authority over the command to which the

accused is currently assigned, may in his sole discretion defer service

of a sentence to confinement. The deferment shall terminate when the

sentence is ordered executed. The deferment may be rescinded at any time

by the officer who granted it or, if the accused is no longer under his

jurisdiction, by the officer exercising similar court-martial

jurisdiction over the command to which the accused is currently

assigned.