N.Y. Military Law § 130.69: Execution of sentence; suspension of sentence

§ 130.69. Execution of sentence; suspension of sentence. (a) If in

the case of a commissioned officer, the sentence of a court-martial

extends to dismissal, that part of the sentence providing for dismissal

may not be executed until approved by the adjutant general. In such a

case, the adjutant general may commute, remit, or suspend the sentence,

or any part of the sentence, as he sees fit.

(b) (1) If a sentence extends to dismissal, or a dishonorable or

bad-conduct discharge or any confinement and if the right of the accused

to appellate review is not waived, and an appeal is not withdrawn under

section 130.61 of this article, that part of the sentence extending to

dismissal, or a dishonorable or bad-conduct discharge or any confinement

may not be executed until there is a final judgment as to the legality

of the proceedings (and with respect to dismissal, approval under

subdivision (a) of this section). A judgment as to legality of the

proceedings is final in such cases when review is completed by the board

of military review with the approval of the adjutant general and:

(A) the time for the accused to file a petition for review by the

governor has expired and the accused has not filed a timely petition for

such review and the case is not otherwise under review by the governor;

(B) such a petition is rejected by the governor; or

(C) review is completed in accordance with the judgment of the

governor.

(2) If a sentence extends to dismissal or a dishonorable or

bad-conduct discharge or any confinement and if the right of the accused

to appellate review is waived, or an appeal is withdrawn, under section

130.61 of this article, that part of the sentence extending to dismissal

or a bad-conduct or dishonorable discharge or confinement may not be

executed until review of the case by a judge advocate (and any action on

that review) under section 130.63 of this article is completed. Any

other part of a court-martial sentence may be ordered executed by the

convening authority or other person acting on the case under section

130.60 of this article when approved by him under such section.

(c) The convening authority or other person acting on the case under

section 130.64 of this article may suspend the execution of sentence or

part thereof.