{"data":{"id":"us-ny/n.y.-military-law-130.52","jurisdiction":"us-ny","citation":"N.Y. Military Law § 130.52","heading":"Number of votes required","body":"§ 130.52. Number of votes required.  (a) No person shall be convicted\nof any offense, except as provided in subdivision (b) of section 130.45\nof this chapter, or by the concurrence of two-thirds of the members\npresent at the time the vote is taken.\n  (b) All sentences shall be determined by the concurrence of two-thirds\nof the members present at the time that the vote is taken.\n  (c) All other questions to be decided by the members of a general or\nspecial court-martial shall be determined by a majority vote, but a\ndetermination to reconsider a finding of guilty or to reconsider a\nsentence, with a view toward decreasing it, may be made by any lesser\nvote which indicates that the reconsideration is not opposed by the\nnumber of votes required for that finding or sentence.  A tie vote on a\nchallenge shall disqualify the member challenged.  A tie vote on a\nmotion for a finding of not guilty or on a motion relating to the\nquestion of the accused's sanity shall be a determination against the\naccused.  A tie vote on any other question shall be a determination in\nfavor of the accused.","path":["Military Law","Article 7. Code of Military Justice","Part 7. Trial Procedure"],"source_url":"https://legislation.nysenate.gov/api/3/laws/MIL/130.52","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"68dafb05112c79e728865b1c9a66aa4d920c23281b3021891891cb2f7b5a1ced","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-military-law-130.51","next":"us-ny/n.y.-military-law-130.53"},"notice":"GroundRules: Original legal text. Not legal advice."}