There shall be three kinds of courts-martial in each of the forces of the organized militia, namely: (1) General courts-martial, consisting of--- (A) A military judge and not less than five members; or (B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed of only a military judge and the military judge approves; (2) Special courts-martial, consisting of--- (A) Not less than three members; or (B) A military judge and not less than three members; or (C) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in clause (1) (B) so requests; and (3) Summary courts-martial, which shall consist of one commissioned officer.
New York Legal Code