N.Y. Military Law § 130.62: Rehearings

§ 130.62. Rehearings. Each rehearing under this chapter shall take

place before a court-martial composed of members not members of the

court-martial which first heard the case. Upon a rehearing the accused

may not be tried for any offense of which he was found not guilty by the

first court-martial, and no sentence in excess of or more severe than

the original sentence may be imposed, unless the sentence is based upon

a finding of guilty of an offense not considered upon the merits in the

original proceedings. If the sentence approved after the first

court-martial was in accordance with a pretrial agreement and the

accused at the rehearing changes his plea with respect to the charges or

specifications upon which the pretrial agreement was based, or otherwise

does not comply with the pretrial agreement, the sentence as to those

charges or specifications may include any punishment not in excess of

that lawfully adjudged at the first court-martial.