N.Y. MIL Law § 130.50

§ 130.50. Admissibility of records of courts of inquiry. (a) In any\ncase not extending to the dismissal of an officer, the sworn testimony,\ncontained in the duly authenticated record of proceedings of a court of\ninquiry, of a person whose oral testimony cannot be obtained, may, if\notherwise admissible under the rules of evidence, be read in evidence by\nany party before a court-martial if the accused was a party before the\ncourt of inquiry and if the same issue was involved or if the accused\nconsents to the introduction of such evidence.\n (b) Such testimony may be read in evidence only by the defense in\ncases extending to the dismissal of an officer.\n (c) Such testimony may also be read in evidence before a court of\ninquiry or a military board.\n