2006 New York Code - Absent And Additional Members

 
    § 130.29. Absent  and  additional members.  (a) No member of a general
  or special court-martial shall be absent or excused after court has been
  assembled for the trial of the accused except for physical disability or
  as a result of a challenge or by order of the  convening  authority  for
  good cause.
    (b)   Whenever   a   general   court-martial   other  than  a  general
  court-martial composed of a military judge only is  reduced  below  five
  members,  the  trial  shall  not  proceed unless the convening authority
  appoints new members sufficient in number to provide not less than  five
  members.  The  trial  may proceed with the new members present after the
  recorded evidence previously introduced before the members of the  court
  has  been  read  to the court in the presence of the military judge, the
  accused, and counsel for both sides.
    (c)  Whenever  a  special  court-martial,   other   than   a   special
  court-martial  composed of a military judge only, is reduced below three
  members, the trial shall not  proceed  unless  the  convening  authority
  appoints new members sufficient in number to provide not less than three
  members.  The  trial shall proceed with the new members present as if no
  evidence had previously been introduced at the trial, unless a  verbatim
  record of the evidence previously introduced by the members of the court
  or  a  stipulation  thereof  is read to the court in the presence of the
  military judge, if any, the accused, and counsel for both sides.
    (d) If the military judge of a court-martial composed  of  a  military
  judge  only  is  unable  to  proceed  with the trial because of physical
  disability, as a result of a challenge, or for  other  good  cause,  the
  trial  shall  proceed,  subject  to any applicable conditions of section
  130.16 of this chapter, after the detail of a new military judge  as  if
  no  evidence had previously been introduced, unless a verbatim record of
  the evidence previously introduced or a stipulation thereof is  read  in
  court  in  the  presence  of  the  new  military judge, the accused, and
  counsel for both sides.