N.Y. MIL Law § 130.52

§ 130.52. Number of votes required. (a) No person shall be convicted\nof any offense, except as provided in subdivision (b) of section 130.45\nof this chapter, or by the concurrence of two-thirds of the members\npresent at the time the vote is taken.\n (b) All sentences shall be determined by the concurrence of two-thirds\nof the members present at the time that the vote is taken.\n (c) All other questions to be decided by the members of a general or\nspecial court-martial shall be determined by a majority vote, but a\ndetermination to reconsider a finding of guilty or to reconsider a\nsentence, with a view toward decreasing it, may be made by any lesser\nvote which indicates that the reconsideration is not opposed by the\nnumber of votes required for that finding or sentence. A tie vote on a\nchallenge shall disqualify the member challenged. A tie vote on a\nmotion for a finding of not guilty or on a motion relating to the\nquestion of the accused's sanity shall be a determination against the\naccused. A tie vote on any other question shall be a determination in\nfavor of the accused.\n