2015 New York Laws
MIL - Military
Article 7 - CODE OF MILITARY JUSTICE
Part 9 - (130.59 - 130.72-C) POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
130.70 - Vacation of suspension.

 130.70. Vacation  of  suspension.    (a)  Before the vacation of the
  suspension  of  a  special  court-martial  sentence  which  as  approved
  includes  a  bad-conduct  discharge  or any court-martial sentence which
  includes confinement or  of  any  general  court-martial  sentence,  the
  officer  having  special court-martial jurisdiction over the probationer
  shall hold  a  hearing  on  the  alleged  violation  of  probation.  The
  probationer  shall  be  represented  at  the hearing by counsel if he so
  desires.
(b) The record of the hearing and the recommendations of  the  officer
  having  special  court-martial  jurisdiction shall be sent for action to
  the officer  exercising  general  court-martial  jurisdiction  over  the
  probationer.  If  he  vacates the suspension, any unexecuted part of the
  sentence, except a dismissal, shall  be executed, subject to  applicable
  restrictions  in  subdivision (b) of section 130.68 of this article. The
  vacation of the  suspension  of  a  dismissal  is  not  effective  until
  approved by the adjutant general.
(c)  The  suspension  of  any  other  sentence  may  be vacated by the
  authority competent to convene, for the command in which the accused  is
  serving or assigned, a court of the kind that imposed the sentence.