N.Y. Military Law § 130.66: Review by the governor

§ 130.66. Review by the governor. (a) The governor shall review the

record in all cases reviewed by a board of military review and approved

by the adjutant general in which, upon petition of the accused and on

good cause shown, the governor grants such review.

(b) The accused may petition the governor for a review of a decision

of the board of military review within sixty days from the earlier of:

(1) the date on which the accused is notified of the decision of the

board of military review and the approval of the adjutant general; or

(2) the date on which a copy of the decision of the board of military

review and the approval of the adjutant general, after being served on

counsel of record for the accused (if any), is deposited in the United

States mail for delivery by first class, certified mail to the accused,

at an address provided by the accused or, if no such address has been

provided by the accused, at the latest address listed for the accused in

his official service record.

(c) In any case reviewed by him, the governor may act only with

respect to the findings and sentences as approved by the convening

authority and as affirmed or set aside as incorrect in law by the board

of military review. He may affirm only such findings of guilty in the

sentence or such part or amount of the sentence, as he finds correct in

law and fact and determines, on the basis of the entire record, should

be approved. In considering the record, he may weigh the evidence, judge

the credibility of witnesses, and determine controverted questions of

fact, recognizing that the trial court saw and heard the witnesses. If

the governor sets aside the findings and sentence, he may, except where

the setting aside is based on lack of sufficient evidence in the record

to support the findings, order a rehearing. If he sets aside the

findings and sentence, and does not order a rehearing, he shall order

that the charges be dismissed. If the governor has ordered a rehearing,

but the convening authority finds a rehearing impracticable, he may

dismiss the charges.