N.Y. Military Law § 130.68: Review in the office of the state judge advocate

§ 130.68. Review in the office of the state judge advocate. (a) The

record of trial in each general court-martial that is not otherwise

reviewed under section 130.65 of this article shall be examined in the

office of the state judge advocate if there is a finding of guilty and

the accused does not waive or withdraw his right to appellate review

under section 130.61 of this article. If any part of the findings or

sentence is found to be unsupported in law or if reassessment of the

sentence is appropriate, the state judge advocate may modify or set

aside the findings or sentence or both. If the state judge advocate so

directs, the record shall be reviewed by a board of military review

under section 130.65 of this article.

(b) The findings or sentence, or both, in a court-martial case not

reviewed under subdivision (a) of this section or under section 130.65

of this article may be modified or set aside, in whole or in part, by

the state judge advocate on the ground of newly discovered evidence,

fraud on the court, lack of jurisdiction over the accused or the

offense, error prejudicial to the substantial rights of the accused, or

the appropriateness of the sentence. If such a case is considered upon

application of the accused, the application must be filed in the

division of military and naval affairs legal office by the accused on or

before the last day of the two-year period beginning on the date the

sentence is approved under subdivision (c) of section 130.60 of this

article, unless the accused established good cause for failure to file

within that time.