2006 New York Code - Error Of Law; Lesser Included Offense.

 
    § 130.59. Error  of  law;  lesser included offense.   (a) A finding or
  sentence of a court-martial shall not be held incorrect on the ground of
  an error of law unless the error materially prejudices  the  substantial
  rights of the accused.
    (b)  Any  reviewing  authority  with  the power to approve or affirm a
  finding of guilty may  approve  or  affirm,  instead,  so  much  of  the
  findings as includes a lesser included offense.