Statute · New York Military Law

N.Y. Mil. Law § 130.59 — Error of law; lesser included offense

N.Y. Mil. Law § 130.59

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

§ 130.59. Error of law; lesser included offense. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

Citator

N.Y. Mil. Law § 130.59 — Error of law; lesser included offense is in force in the current edition of the Code, and nothing recorded condemns it.

§ 130.59. Error of law; lesser included offense. (a) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the findings as includes a lesser included offense.