2006 New York Code - Former Jeopardy.

 
    § 130.44. Former  jeopardy.   (a) No person shall without his consent,
  be tried a second time by a civil court or a military court of the state
  for the same offense.
    (b) No proceeding in which an accused  has  been  found  guilty  by  a
  court-martial  upon  any  charge  or specification shall be held to be a
  trial in the sense of this section  until  the  finding  of  guilty  has
  become final after review of the case has been fully completed.
    (c) A proceeding which, subsequent to the introduction of evidence but
  prior  to  a  finding,  is  dismissed  or  terminated  by  the convening
  authority or on motion of  the  prosecution  for  failure  of  available
  evidence  or witnesses without any fault of the accused shall be a trial
  in the sense of this section.