New York Consolidated Laws

N.Y. Military Law § 130.16 (2026)

Courts-martial classified

✓ current as of May 2026
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§ 130.16. Courts-martial classified.  There shall be three kinds of
courts-martial in each of the forces of the organized militia, namely:
  (1) General courts-martial, consisting of---
  (A) A military judge and not less than five members; or
  (B) Only a military judge, if before the court is assembled the
accused, knowing the identity of the military judge and after
consultation with defense counsel, requests in writing a court composed
of only a military judge and the military judge approves;
  (2) Special courts-martial, consisting of---
  (A) Not less than three members; or
  (B) A military judge and not less than three members; or
  (C) Only a military judge, if one has been detailed to the court, and
the accused under the same conditions as those prescribed in clause (1)
(B) so requests; and
  (3) Summary courts-martial, which shall consist of one commissioned
officer.
Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998).
People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998). · cites it 2× “art 16 [1] [A] [ 10 USC § 816 (1) (A)]; see also, Military Law § 130.16 [1] [A]) and the special court-martial, consisting of “not less than three members; or “a military judge and not less than three members” (see, U.”
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