N.Y. MIL Law § 130.27

§ 130.27. Appointment of trial counsel and defense counsel. (a) For\neach general and special court-martial the authority convening the court\nshall appoint a trial counsel and a defense counsel, together with such\nassistants as he deems necessary or appropriate. No person who has acted\nas investigating officer, military judge, or court member in any case\nshall act subsequently as trial counsel, assistant trial counsel, or,\nunless expressly requested by the accused, as defense counsel or\nassistant defense counsel in the same case. No person who has acted for\nthe prosecution shall act subsequently in the same case for the defense,\nnor shall any person who has acted for the defense act subsequently in\nthe same case for the prosecution.\n (b) Any person who is appointed as trial counsel or defense counsel in\nthe case of a general court-martial shall be a person who is a member of\nthe bar of this state.\n (c) In the case of a special court-martial--\n (1) if the trial counsel is qualified to act as counsel before a\ngeneral court-martial, the defense counsel appointed by the convening\nauthority shall be a person similarly qualified; and\n (2) if the trial counsel is a judge advocate, or a legal officer, or a\nmember of the bar of a federal court or of the highest court of a state\nof the United States, the defense counsel appointed by the convening\nauthority shall be one of the foregoing.\n