Statute · New York Military Law

N.Y. Mil. Law § 130.41 — Challenges

N.Y. Mil. Law § 130.41

Type
Statute
Source
New York Military Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 130.41. Challenges. (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause,…

Citator

N.Y. Mil. Law § 130.41 — Challenges is in force in the current edition of the Code, and nothing recorded condemns it.

§ 130.41. Challenges. (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge, or, if none, the court, shall determine the relevancy and validity of challenges for cause, and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b) Each accused and trial counsel shall be entitled to one peremptory challenge, but the military judge shall not be challenged except for cause, and if the president of a special court-martial is a member of the bar of this state, he shall not be challenged except for cause.