Title MIL, Military

§ 1. Definitions. As used in this chapter:\n 1. The terms "New York national guard" and "national guard" shall mean\nthe New York army national guard and the New York air national guard.\n 2. The term "naval militia" shall mean the New York naval militia.\n 3. The terms "militar…

§ 10. Military staff of the governor. The military staff of the\ngovernor shall consist of the adjutant general and such aides as the\ngovernor shall deem necessary who shall be commissioned officers\ndetailed by the governor from the organized militia. Officers detailed\nunder …

§ 11. Adjutant general. The adjutant general shall serve as such at\nthe pleasure of the governor and, under his direction, shall exercise\ncontrol over the division of military and naval affairs of the executive\ndepartment of the state. The adjutant general may perform any act…

§ 12. Deputy adjutant general. There shall be a deputy adjutant\ngeneral who shall serve as such at the pleasure of the governor. The\ndeputy adjutant general shall be appointed by the governor from among\nthe commissioned officers on the active list of the organized militia\nup…

§ 13. The chief of staff of the state. There shall be a chief of\nstaff of the state who shall serve as such at the pleasure of the\ngovernor. The chief of staff of the state shall be appointed by the\ngovernor and while holding such title shall have the grade of a general\noffi…

§ 13-a. Assistant adjutant general for air. The governor may appoint\nan assistant adjutant general for air who shall serve at the pleasure of\nthe governor and may have the grade of brigadier general during his term\nof office. He shall be employed under section nineteen of thi…

§ 13-b. Deputy commander of the New York army national guard. The\ngovernor, upon the recommendation of the adjutant general, may appoint a\ndeputy commander, New York army national guard who shall serve at the\npleasure of the governor. He shall be appointed by the governor fro…

§ 13-c. Assistant adjutant general for army. The governor, upon the\nrecommendation of the adjutant general, may appoint an assistant\nadjutant general for army who shall serve at the pleasure of the\ngovernor. He shall be appointed by the governor from among the\ncommissioned o…

§ 130.1. Definitions. The following terms when used in this article\nshall be construed in the sense indicated in this section, unless the\ncontext shows that a different sense is intended, namely:\n (1) "Organized militia" means the organized militia, the composition\nof which …

§ 130.10. Restraint of persons charged with offenses. Any person\nsubject to this code charged with an offense under this code shall be\nordered apprehended or into arrest or confinement, as circumstances may\nrequire. When any person subject to this code is placed in arrest or\…

§ 130.100. Aiding the enemy. Any person subject to this code who--\n (1) aids, or attempts to aid, the enemy with arms, ammunition,\nsupplies, money, or other thing; or\n (2) without proper authority, knowingly harbors or protects or gives\nintelligence to, or communicates or co…

§ 130.101. Misconduct as a prisoner. Any person subject to this code\nwho, while in the hands of the enemy in time of war--\n (1) for the purpose of securing favorable treatment by his captors\nacts without proper authority in a manner contrary to law, custom, or\nregulation, to…

§ 130.102. False official statements. Any person subject to this code\nwho, with intent to deceive, signs any false record, return, regulation,\norder, or other official document, knowing the same to be false, or\nmakes any other false official statement knowing the same to be f…

§ 130.103. Military property--loss, damage, destruction, or wrongful\ndisposition. Any person subject to this code who, without proper\nauthority--\n (1) sells or otherwise disposes of; or\n (2) willfully or through neglect damages, destroys, or loses; or\n (3) willfully or thro…

§ 130.104. Property other than military property-- waste, spoil, or\ndestruction. Any person subject to this code who, while on active state\nduty or in a duty status other than active state duty, willfully or\nrecklessly wastes, spoils, or otherwise willfully and wrongfully\nde…

§ 130.105. Improper hazarding of vessel. (a) Any person subject to\nthis code who willfully and wrongfully hazards or suffers to be hazarded\nany vessel of the armed forces of the United States or of the organized\nmilitia shall be punished as a court-martial may direct.\n (b) A…

§ 130.106. Drunken or reckless driving. Any person subject to this\ncode who, while on active state duty or in a duty status other than\nactive state duty, operates any vehicle while drunk, or in a reckless or\nwanton manner, shall be punished as a court-martial may direct.\n

§ 130.107. Drunk on duty--misbehavior. Any person subject to this\ncode who is found drunk on duty or drunk or sleeping upon his post, or\nwho leaves his post before he is regularly relieved, shall be punished\nas a court-martial may direct.\n

§ 130.108. Dueling. Any person subject to this code who, while on\nactive state duty or in a duty status other than active state duty,\nfights or promotes, or is concerned in or connives at fighting a duel,\nor who, having knowledge of a challenge sent or about to be sent, fails…

§ 130.109. Malingering. Any person subject to this code who for the\npurpose of avoiding work, duty, or service in the militia--\n (1) feigns illness, physical disablement, mental lapse or derangement;\nor\n (2) intentionally inflicts self-injury;\nshall be punished as a court-m…

§ 130.11. Confinement and imprisonment in civil jails. Confinement\nand imprisonment other than in guard house, whether prior to, during or\nafter trial by a military court, shall be executed in jails,\npenitentiaries or prisons designated by the governor or by the adjutant\ngen…

§ 130.110. Riot or breach of peace. Any person subject to this code\nwho, while on active state duty or in a duty status other than active\nstate duty, causes or participates in any riot or breach of the peace\nshall be punished as a court-martial may direct.\n

§ 130.111. Provoking speeches or gestures. Any person subject to this\ncode who, while on active state duty or in a duty status other than\nactive state duty, uses provoking or reproachful words or gestures\ntowards any other person subject to this code shall be punished as a\nc…

§ 130.112. Perjury. Any person subject to this code who, in a\njudicial proceeding or course of justice conducted pursuant to this\ncode, willfully and corruptly (1) gives, upon a lawful oath or in any\nform allowed by law to be substituted for an oath, any false testimony\nmate…

§ 130.113. Frauds against the government. Any person subject to this\ncode-- (1) who, knowing it to be false or fraudulent--\n (A) makes any claim against the United States, the state or any\nofficer thereof; or\n (B) presents to any person in the civil or military service there…

§ 130.114. Conduct unbecoming an officer and gentleman. Any officer\nwho is convicted of conduct unbecoming an officer and a gentleman shall\nbe punished as a court-martial may direct.\n

§ 130.115. General section. Though not specifically mentioned in this\ncode, all disorders and neglects to the prejudice of good order and\ndiscipline in the organized militia and all conduct of a nature to bring\ndiscredit upon the organized militia or a force thereof, of which…

§ 130.12. Reports and receiving of prisoners. (a) No provost marshal,\ncommander of a guard, master at arms, warden, keeper or officer of a\ncity or county jail or any other jail, penitentiary or prison designated\nby the governor or by the adjutant general under section 130.11 …

§ 130.13. Punishment prohibited before trial. Subject to the\nprovisions of section 130.57, no person, while being held for trial or\nthe results of trial, shall be subjected to punishment or penalty other\nthan arrest or confinement upon the charges pending against him, nor\nsh…

§ 130.14. Delivery of offenders to civil authorities. (a) Under such\nregulations as may be issued pursuant to this chapter, a person subject\nto this code accused of an offense against civil authority may be\ndelivered, upon request, to the civil authority for trial.\n (b) When…

§ 130.15. Commanding officer's non-judicial punishment. (a) Under\nsuch regulations as may be issued pursuant to this chapter, any\ncommanding officer may, in addition to or in lieu of admonition or\nreprimand, impose one of the following disciplinary punishments for\nminor offe…

§ 130.16. Courts-martial classified. There shall be three kinds of\ncourts-martial in each of the forces of the organized militia, namely:\n (1) General courts-martial, consisting of---\n (A) A military judge and not less than five members; or\n (B) Only a military judge, if bef…

§ 130.17. Jurisdiction of courts-martial in general. Each force of\nthe organized militia shall have court-martial jurisdiction over all\npersons subject to this code. The exercise of jurisdiction by one force\nover personnel of another force shall be in accordance with regulati…

§ 130.18. Jurisdiction of general courts-martial. Subject to section\n130.17, general courts-martial shall have jurisdiction to try persons\nsubject to this code for any offense for which they may be punished by\nthis code and shall have the power to sentence to: confinement wit…

§ 130.19. Jurisdiction of special courts-martial. Subject to section\n130.17, special courts-martial shall have jurisdiction to try persons\nsubject to this code for any offense for which they may be punished by\nthis code. Special courts-martial shall have the power to sentence…

§ 130.2. Persons subject to the code. The following persons are\nsubject to the code:\n All persons belonging to the organized militia; all persons on the\nstate reserve list and the state retired list; and all other persons\nlawfully called, ordered, drafted, transferred or ind…

§ 130.20. Jurisdiction of summary courts-martial. (a) Subject to\nsection 130.17, summary courts-martial shall have jurisdiction to try\npersons subject to this code, except officers and warrant officers, for\nany offense for which they may be punished by this code.\n (b) No per…

§ 130.21. Jurisdiction of courts-martial not exclusive. The\nprovisions of this code conferring jurisdiction upon courts-martial\nshall not be construed as depriving provost courts or other military\ntribunals of concurrent jurisdiction in respect to offenders or offenses\nthat …

§ 130.22. Who may convene general courts-martial. General\ncourts-martial may be convened by order of the adjutant ageneral, the\ncommanding officer of a force of the organized militia, the commanding\nofficer of a division or corresponding unit of the army national guard\nor th…

§ 130.23. Who may convene special courts-martial. (a) Special\ncourts-martial may be convened by--\n (1) any person who may convene a general court-martial;\n (2) the commanding officer of a force of the organized militia, or of\na garrison, fort, camp, station, air base or othe…

§ 130.24. Who may convene summary courts-martial. (a) Summary\ncourts-martial may be convened by--\n (1) any person who may convene a general or special court-martial;\n (2) the commanding officer of a detached or separate company or\ncorresponding unit or other detachment of a …

§ 130.25. Who may serve on courts-martial. (a) Any officer of or on\nduty with the organized militia shall be eligible to serve on all\ncourts-martial for the trial of any person who may lawfully be brought\nbefore such courts for trial.\n (b) Any warrant officer of or on duty w…

§ 130.26. Military judge of a general court-martial or special\ncourt-martial. (a) The authority convening a general court-martial\nshall, and, subject to such regulations as may be issued pursuant to\nthis chapter, the authority convening a special court-martial may,\ndetail a …

§ 130.27. Appointment of trial counsel and defense counsel. (a) For\neach general and special court-martial the authority convening the court\nshall appoint a trial counsel and a defense counsel, together with such\nassistants as he deems necessary or appropriate. No person who …

§ 130.28. Appointment of reporters and interpreters. Under such\nregulations as the adjutant general may prescribe, the convening\nauthority of a military court shall appoint qualified court reporters,\nwho shall record the proceedings of and testimony taken before such\ncourt. …

§ 130.29. Absent and additional members. (a) No member of a general\nor special court-martial shall be absent or excused after court has been\nassembled for the trial of the accused except for physical disability or\nas a result of a challenge or by order of the convening author…

§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the\nprovisions of section 130.43, any person subject to this code who is\ncharged with having committed an offense against this code while serving\nduring a prior enlistment in a force of the organized militia shall…

§ 130.30. Charges and specifications. (a) Charges and specifications\nshall be signed by a person subject to this code under oath before a\nperson authorized by this chapter to administer oaths and shall state--\n (1) that the signer has personal knowledge of, or has investigate…

§ 130.31. Compulsory self-incrimination prohibited. (a) No person\nsubject to this code shall compel any person to incriminate himself or\nto answer any question the answer to which may tend to incriminate him.\n (b) No person subject to this code shall interrogate, or request a…

§ 130.32. Investigation. (a) No charge or specification shall be\nreferred to a general court-martial for trial until a thorough and\nimpartial investigation of all the matters set forth therein has been\nmade. This investigation shall include inquiries as to the truth of the\nm…