N.Y. Mil. Law § 130.59

§ 130.59. Error of law; lesser included offense. (a) A finding or\nsentence of a court-martial shall not be held incorrect on the ground of\nan error of law unless the error materially prejudices the substantial\nrights of the accused.\n (b) Any reviewing authority with the power to approve or affirm a\nfinding of guilty may approve or affirm, instead, so much of the\nfindings as includes a lesser included offense.\n