New York Consolidated Laws, Military Law - MIL § 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:

(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.