2006 New York Code - Review By The Governor.

 
    § 130.66. Review  by  the governor.  (a) The governor shall review the
  record in all cases reviewed by a board of military review and  approved
  by  the  adjutant  general in which, upon petition of the accused and on
  good cause shown, the governor grants such review.
    (b) The accused may petition the governor for a review of  a  decision
  of the board of military review within sixty days from the earlier of:
    (1)  the  date on which the accused is notified of the decision of the
  board of military review and the approval of the adjutant general; or
    (2) the date on which a copy of the decision of the board of  military
  review  and  the approval of the adjutant general, after being served on
  counsel of record for the accused (if any), is deposited in  the  United
  States  mail for delivery by first class, certified mail to the accused,
  at an address provided by the accused or, if no such  address  has  been
  provided by the accused, at the latest address listed for the accused in
  his official service record.
    (c)  In  any  case  reviewed  by  him,  the governor may act only with
  respect to the findings and  sentences  as  approved  by  the  convening
  authority  and as affirmed or set aside as incorrect in law by the board
  of military review. He may affirm only such findings of  guilty  in  the
  sentence  or such part or amount of the sentence, as he finds correct in
  law and fact and determines, on the basis of the entire  record,  should
  be approved. In considering the record, he may weigh the evidence, judge
  the  credibility  of  witnesses, and determine controverted questions of
  fact, recognizing that the trial court saw and heard the  witnesses.  If
  the  governor sets aside the findings and sentence, he may, except where
  the setting aside is based on lack of sufficient evidence in the  record
  to  support  the  findings,  order  a  rehearing.  If  he sets aside the
  findings and sentence, and does not order a rehearing,  he  shall  order
  that  the charges be dismissed. If the governor has ordered a rehearing,
  but the convening authority finds  a  rehearing  impracticable,  he  may
  dismiss the charges.