2006 New York Code - Voting And Rulings.

 
    § 130.51. Voting  and  rulings.  (a) Voting by members of a general or
  special court-martial on the  findings  and  on  the  sentence,  and  by
  members  of  a  court-martial without a military judge upon questions of
  challenge, shall be by secret written ballot. The junior member  of  the
  court  shall  in each case count the votes, which count shall be checked
  by the president, who shall forthwith announce the result of the  ballot
  to the members of the court.
    (b)  The  military  judge  and, except for questions of challenge, the
  president of a court-martial without a military judge shall rule on  all
  questions  of  law  and  all  interlocutory questions arising during the
  proceedings. Any such  ruling  made  by  the  military  judge  upon  any
  question  of  law  or  any interlocutory question other than the factual
  issue of mental responsibility of the accused, or by the president of  a
  court-martial  without  a  military judge upon any question of law other
  than a motion for finding of not guilty, is final  and  constitutes  the
  ruling  of  a  court.  However, the military judge or the president of a
  court-martial without a military judge may change his ruling at any time
  during the trial. Unless such ruling be final,  if  any  member  objects
  thereto,  the court shall be cleared and closed and the question decided
  by a vote as provided in section 130.52, viva voce, beginning  with  the
  junior in rank.
    (c)  Before a vote is taken on the findings, the military judge or the
  president of a court-martial without a  military  judge  shall,  in  the
  presence  of  the accused and counsel, instruct the members of the court
  as to the elements of the offense and charge them--
    (1) that the accused must be presumed to be innocent until  his  guilt
  is established by legal and competent evidence beyond reasonable doubt;
    (2)  that in the case being considered, if there is a reasonable doubt
  as to the guilt of the accused, the doubt shall be resolved in favor  of
  the accused and he shall be acquitted;
    (3) that if there is a reasonable doubt as to the degree of guilt, the
  finding  must  be  in  a lower degree as to which there is no reasonable
  doubt; and
    (4) that the burden of proof to establish the  guilt  of  the  accused
  beyond reasonable doubt is upon the state.
    (d)  Subdivisions  (a),  (b)  and  (c) do not apply to a court-martial
  composed of a  military  judge  only.  The  military  judge  of  such  a
  court-martial  shall  determine  all  questions  of law and fact arising
  during the proceedings and, if the  accused  is  convicted,  adjudge  an
  appropriate  sentence.  The military judge of such a court-martial shall
  make a general finding and shall in addition on request find  the  facts
  specially.  If an opinion or memorandum of decision is filed, it will be
  sufficient if the findings of fact appear therein.