2006 New York Code - Investigation.

 
    § 130.32. Investigation.    (a)  No  charge  or specification shall be
  referred to a general court-martial  for  trial  until  a  thorough  and
  impartial  investigation  of  all the matters set forth therein has been
  made. This investigation shall include inquiries as to the truth of  the
  matter  set  forth  in the charges, form of charges, and the disposition
  which should be made  of  the  case  in  the  interest  of  justice  and
  discipline.
    (b) The accused shall be advised of the charges against him and of his
  right  to  be represented at such investigation by counsel. Upon his own
  request he shall be represented by civilian counsel if provided  by  him
  at  his  own  expense,  or military counsel of his own selection if such
  counsel be reasonably available, or by counsel appointed by the adjutant
  general. At such investigation full opportunity shall be  given  to  the
  accused to cross-examine witnesses against him if they are available and
  to  present  anything he may desire in his own behalf, either in defense
  or mitigation, and the investigating  officer  shall  examine  available
  witnesses  requested  by the accused. If the charges are forwarded after
  such investigation, they shall be accompanied  by  a  statement  of  the
  substance  of the testimony taken on both sides and a copy thereof shall
  be given to the accused.
    (c) If an investigation of the subject matter of an offense  has  been
  conducted prior to the time the accused is charged with the offense, and
  if  the  accused  was  present  at  such  investigation and afforded the
  opportunities for representation,  cross-examination,  and  presentation
  prescribed  in subdivision (b) of this section, no further investigation
  of that charge is necessary under this section unless it is demanded  by
  the  accused  after  he  is informed of the charge. A demand for further
  investigation entitled the  accused  to  recall  witnesses  for  further
  cross-examination and to offer any new evidence in his own behalf.
    (d)  The  requirements of this section shall be binding on all persons
  administering this code, but failure to follow them in  any  case  shall
  not divest a military court of jurisdiction.