New York Laws
Part 7 - Trial Procedure
130.44 - Former Jeopardy.

(b) No proceeding in which an accused has been found guilty by a
court-martial upon any charge or specification shall be held to be a
trial in the sense of this section until the finding of guilty has
become final after review of the case has been fully completed.
(c) A proceeding which, subsequent to the introduction of evidence but
prior to a finding, is dismissed or terminated by the convening
authority or on motion of the prosecution for failure of available
evidence or witnesses without any fault of the accused shall be a trial
in the sense of this section.

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