N.Y. Military Law § 130.59: Error of law; lesser included offense

§ 130.59. Error of law; lesser included offense. (a) A finding or

sentence of a court-martial shall not be held incorrect on the ground of

an error of law unless the error materially prejudices the substantial

rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a

finding of guilty may approve or affirm, instead, so much of the

findings as includes a lesser included offense.