130.70 - Vacation of suspension. - New York Statutes

§ 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.