N.Y. Military Law § 130.43: Statute of limitations

§ 130.43. Statute of limitations. (a) A person charged with desertion

or absence without leave in time of war, or with aiding the enemy or

with mutiny may be tried and punished at any time without limitation.

(b) Except as otherwise provided in this section, a person charged

with desertion in time of peace or any of the offenses punishable under

sections 130.112 and 130.113 shall not be liable to be tried by

court-martial if the offense was committed more than three years before

the receipt of sworn charges and specifications by an officer exercising

summary court-martial jurisdiction over the command.

(c) Except as otherwise provided in this article, a person charged

with any offense shall not be liable to be tried by court-martial or

punished under section 130.15 if the offense was committed more than two

years before the receipt of sworn charges and specifications by an

officer exercising summary court-martial jurisdiction over the command

or before the imposition of punishment under section 130.15.

(d) Periods in which the accused was absent from territory in which

the state has the authority to apprehend him, or in the custody of civil

authorities, or in the hands of the enemy, shall be excluded in

computing the period of limitation prescribed in this section.