2006 New York Code - Appointment Of Trial Counsel And Defense Counsel.

 
    § 130.27. Appointment  of  trial counsel and defense counsel.  (a) For
  each general and special court-martial the authority convening the court
  shall appoint a trial counsel and a defense counsel, together with  such
  assistants as he deems necessary or appropriate. No person who has acted
  as  investigating  officer,  military judge, or court member in any case
  shall act subsequently as trial counsel, assistant  trial  counsel,  or,
  unless  expressly  requested  by  the  accused,  as  defense  counsel or
  assistant defense counsel in the same case. No person who has acted  for
  the prosecution shall act subsequently in the same case for the defense,
  nor  shall  any person who has acted for the defense act subsequently in
  the same case for the prosecution.
    (b) Any person who is appointed as trial counsel or defense counsel in
  the case of a general court-martial shall be a person who is a member of
  the bar of this state.
    (c) In the case of a special court-martial--
    (1) if the trial counsel is qualified  to  act  as  counsel  before  a
  general  court-martial,  the  defense counsel appointed by the convening
  authority shall be a person similarly qualified; and
    (2) if the trial counsel is a judge advocate, or a legal officer, or a
  member of the bar of a federal court or of the highest court of a  state
  of  the  United  States,  the defense counsel appointed by the convening
  authority shall be one of the foregoing.