2006 New York Code - Execution Of Sentence; Suspension Of Sentence.

 
    § 130.69. Execution  of  sentence;  suspension of sentence.  (a) If in
  the case of a commissioned officer,  the  sentence  of  a  court-martial
  extends  to dismissal, that part of the sentence providing for dismissal
  may not be executed until approved by the adjutant general.  In  such  a
  case,  the adjutant general may commute, remit, or suspend the sentence,
  or any part of the sentence, as he sees fit.
    (b) (1) If a sentence extends  to  dismissal,  or  a  dishonorable  or
  bad-conduct discharge or any confinement and if the right of the accused
  to  appellate review is not waived, and an appeal is not withdrawn under
  section 130.61 of this article, that part of the sentence  extending  to
  dismissal, or a dishonorable or bad-conduct discharge or any confinement
  may  not  be executed until there is a final judgment as to the legality
  of the proceedings  (and  with  respect  to  dismissal,  approval  under
  subdivision  (a)  of  this  section).   A judgment as to legality of the
  proceedings is final in such cases when review is completed by the board
  of military review with the approval of the adjutant general and:
    (A) the time for the accused to file a  petition  for  review  by  the
  governor has expired and the accused has not filed a timely petition for
  such review and the case is not otherwise under review by the governor;
    (B) such a petition is rejected by the governor; or
    (C)  review  is  completed  in  accordance  with  the  judgment of the
  governor.
    (2)  If  a  sentence  extends  to  dismissal  or  a  dishonorable   or
  bad-conduct discharge or any confinement and if the right of the accused
  to  appellate review is waived, or an appeal is withdrawn, under section
  130.61 of this article, that part of the sentence extending to dismissal
  or a bad-conduct or dishonorable discharge or  confinement  may  not  be
  executed until review of the case by a judge advocate (and any action on
  that  review)  under  section  130.63  of this article is completed. Any
  other part of a court-martial sentence may be ordered  executed  by  the
  convening  authority  or  other  person acting on the case under section
  130.60 of this article when approved by him under such section.
    (c) The convening authority or other person acting on the  case  under
  section  130.64 of this article may suspend the execution of sentence or
  part thereof.