N.Y. Military Law § 130.3: Jurisdiction to try certain personnel

§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the

provisions of section 130.43, any person subject to this code who is

charged with having committed an offense against this code while serving

during a prior enlistment in a force of the organized militia shall not

be relieved from amenability to trial by court-martial by reason of the

termination of said prior enlistment, if such person re-enlisted in any

force of the organized militia not more than one day after the date of

termination of the prior enlistment.

(b) All persons discharged from the organized militia subsequently

charged with having fraudulently obtained said discharge shall, subject

to the provisions of section 130.43, be subject to trial by

court-martial on said charge and after apprehension, shall be subject to

this code. Upon conviction of said charge they shall be subject to trial

by court-martial for all offenses under this code committed prior to the

fraudulent discharge.

(c) Any person who has deserted from the organized militia shall not

be relieved from amenability to the jurisdiction of this code by virtue

of a separation from any subsequent period of service.

(d) In the case of persons charged with absence without leave under

section 130.82 of this article, in personam jurisdiction of special

courts-martial with powers to adjudge a bad-conduct discharge can be

obtained over such persons by any method of personal service sufficient

for personal jurisdiction under the provisions of section three hundred

eight of the civil practice law and rules; provided that diligent

efforts have been made to deliver the charges to such persons. In all

cases where personal jurisdiction is obtained by service in accordance

with the provisions of this section, the special courts-martial shall

not have the power to adjudge confinement.