GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Military Law § 130.61: Waiver or withdrawal of appeal

Read at publisher ↗
Where this section sits in the code
  1. Military Law
  2. Article 7. Code of Military Justice
  3. Part 9. Post-trial Procedure and Review of Courts-martial

§ 130.61. Waiver or withdrawal of appeal. (a) In each case subject to

appellate review under section 130.65 or section 130.68 of this article

the accused may file with the convening authority a statement expressly

waiving the right of the accused to such review. Such a waiver shall be

signed by both the accused and by defense counsel and must be filed

within ten days after the action under subdivision (c) of section 130.60

of this article is served on the accused or on defense counsel. The

convening authority or other person taking such action, for good cause,

may extend the period for such filing by not more than thirty days.

(b) The accused may withdraw an appeal at any time.

(c) A waiver of the right to appellate review or the withdrawal of an

appeal under this section bars review under section 130.65 or 130.68 of

this article.

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

Browse this collection