(b) The findings or sentence, or both, in a court-martial case not
reviewed under subdivision (a) of this section or under section 130.65
of this article may be modified or set aside, in whole or in part, by
the state judge advocate on the ground of newly discovered evidence,
fraud on the court, lack of jurisdiction over the accused or the
offense, error prejudicial to the substantial rights of the accused, or
the appropriateness of the sentence. If such a case is considered upon
application of the accused, the application must be filed in the
division of military and naval affairs legal office by the accused on or
before the last day of the two-year period beginning on the date the
sentence is approved under subdivision (c) of section 130.60 of this
article, unless the accused established good cause for failure to file
within that time.
Structure New York Laws
Article 7 - Code of Military Justice
Part 9 - Post-Trial Procedure and Review of Courts-Martial
130.59 - Error of Law; Lesser Included Offense.
130.60 - Action by the Convening Authority.
130.61 - Waiver or Withdrawal of Appeal.
130.63 - Review by a Judge Advocate.
130.64 - Disposition of Records.
130.65 - Review by Board of Military Review and Approval by the Adjutant General.
130.66 - Review by the Governor.
130.68 - Review in the Office of the State Judge Advocate.
130.69 - Execution of Sentence; Suspension of Sentence.
130.70 - Vacation of Suspension.
130.71 - Petition for a New Trial.
130.72 - Remission and Suspension.
130.72-B - Finality of Proceedings, Findings and Sentences.
130.72-C - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions.