N.Y. Military Law § 130.70: Vacation of suspension

§ 130.70. Vacation of suspension. (a) Before the vacation of the

suspension of a special court-martial sentence which as approved

includes a bad-conduct discharge or any court-martial sentence which

includes confinement or of any general court-martial sentence, the

officer having special court-martial jurisdiction over the probationer

shall hold a hearing on the alleged violation of probation. The

probationer shall be represented at the hearing by counsel if he so

desires.

(b) The record of the hearing and the recommendations of the officer

having special court-martial jurisdiction shall be sent for action to

the officer exercising general court-martial jurisdiction over the

probationer. If he vacates the suspension, any unexecuted part of the

sentence, except a dismissal, shall be executed, subject to applicable

restrictions in subdivision (b) of section 130.68 of this article. The

vacation of the suspension of a dismissal is not effective until

approved by the adjutant general.

(c) The suspension of any other sentence may be vacated by the

authority competent to convene, for the command in which the accused is

serving or assigned, a court of the kind that imposed the sentence.