Title MIL, Military

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

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

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

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

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

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

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

§ 13-c. Assistant adjutant general for army. The governor, upon the recommendation of the adjutant general, may appoint an assistant adjutant general for army who shall serve at the pleasure of the governor. He shall be appointed by the governor from among the commissioned offic…

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

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

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

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

§ 130.102. False official statements. Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be fals…

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

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

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

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

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

§ 130.108. Dueling. Any person subject to this code who, while on active state duty or in a duty status other than active state duty, fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to…

§ 130.109. Malingering. Any person subject to this code who for the purpose of avoiding work, duty, or service in the militia-- (1) feigns illness, physical disablement, mental lapse or derangement; or (2) intentionally inflicts self-injury; shall be punished as a court-martial …

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

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

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

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

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

§ 130.114. Conduct unbecoming an officer and gentleman. Any officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

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

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

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

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

§ 130.15. Commanding officer's non-judicial punishment. (a) Under such regulations as may be issued pursuant to this chapter, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary punishments for minor offenses…

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

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

§ 130.18. Jurisdiction of general courts-martial. Subject to section 130.17, general courts-martial shall have jurisdiction to try persons subject to this code for any offense for which they may be punished by this code and shall have the power to sentence to: confinement with h…

§ 130.19. Jurisdiction of special courts-martial. Subject to section 130.17, special courts-martial shall have jurisdiction to try persons subject to this code for any offense for which they may be punished by this code. Special courts-martial shall have the power to sentence to…

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

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

§ 130.21. Jurisdiction of courts-martial not exclusive. The provisions of this code conferring jurisdiction upon courts-martial shall not be construed as depriving provost courts or other military tribunals of concurrent jurisdiction in respect to offenders or offenses that by s…

§ 130.22. Who may convene general courts-martial. General courts-martial may be convened by order of the adjutant ageneral, the commanding officer of a force of the organized militia, the commanding officer of a division or corresponding unit of the army national guard or the co…

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

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

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

§ 130.26. Military judge of a general court-martial or special court-martial. (a) The authority convening a general court-martial shall, and, subject to such regulations as may be issued pursuant to this chapter, the authority convening a special court-martial may, detail a mili…

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

§ 130.28. Appointment of reporters and interpreters. Under such regulations as the adjutant general may prescribe, the convening authority of a military court shall appoint qualified court reporters, who shall record the proceedings of and testimony taken before such court. Unde…

§ 130.29. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after court has been assembled for the trial of the accused except for physical disability or as a result of a challenge or by order of the convening authority…

§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the provisions of section 130.43, any person subject to this code who is charged with having committed an offense against this code while serving during a prior enlistment in a force of the organized militia shall no…

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

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

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