Statute · New York Military Law

N.Y. Mil. Law § 130.44 — Former jeopardy

N.Y. Mil. Law § 130.44

Type
Statute
Source
New York Military Law
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

§ 130.44. Former jeopardy. (a) No person shall without his consent, be tried a second time by a civil court or a military court of the state for the same offense.

Citator

N.Y. Mil. Law § 130.44 — Former jeopardy is in force in the current edition of the Code, and nothing recorded condemns it.

§ 130.44. Former jeopardy. (a) No person shall without his consent, be tried a second time by a civil court or a military court of the state for the same offense.

(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.