New York Laws
Part 7 - Trial Procedure
130.52 - Number of Votes Required.

(b) All sentences shall be determined by the concurrence of two-thirds
of the members present at the time that the vote is taken.
(c) All other questions to be decided by the members of a general or
special court-martial shall be determined by a majority vote, but a
determination to reconsider a finding of guilty or to reconsider a
sentence, with a view toward decreasing it, may be made by any lesser
vote which indicates that the reconsideration is not opposed by the
number of votes required for that finding or sentence. A tie vote on a
challenge shall disqualify the member challenged. A tie vote on a
motion for a finding of not guilty or on a motion relating to the
question of the accused's sanity shall be a determination against the
accused. A tie vote on any other question shall be a determination in
favor of the accused.

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