2006 New York Code - Rehearings.

 
    § 130.62. Rehearings.    Each  rehearing under this chapter shall take
  place before a court-martial composed of  members  not  members  of  the
  court-martial  which  first heard the case. Upon a rehearing the accused
  may not be tried for any offense of which he was found not guilty by the
  first court-martial, and no sentence in excess of or  more  severe  than
  the  original sentence may be imposed, unless the sentence is based upon
  a finding of guilty of an offense not considered upon the merits in  the
  original   proceedings.   If  the  sentence  approved  after  the  first
  court-martial was in  accordance  with  a  pretrial  agreement  and  the
  accused at the rehearing changes his plea with respect to the charges or
  specifications upon which the pretrial agreement was based, or otherwise
  does  not  comply  with the pretrial agreement, the sentence as to those
  charges or specifications may include any punishment not  in  excess  of
  that lawfully adjudged at the first court-martial.