N.Y. Military Law § 130.81: Desertion

§ 130.81. Desertion. (a) Any member of the organized militia who--

(1) without proper authority goes or remains absent from his place of

service, organization, or place of duty with intent to remain away

therefrom permanently; or

(2) quits his unit or organization or place of duty with intent to

avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the forces of the

organized militia enlists or accepts an appointment in the same or

another one of the forces of the organized militia without fully

disclosing the fact he has not been so regularly separated;

is guilty of desertion.

(b) Any officer of the organized militia who, having tendered his

resignation and prior to due notice of the acceptance of the same, quits

his post or proper duties without leave and with intent to remain away

therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempted desertion shall

be punished as a court-martial may direct.