N.Y. MIL Law § 130.3

§ 130.3. Jurisdiction to try certain personnel. (a) Subject to the\nprovisions of section 130.43, any person subject to this code who is\ncharged with having committed an offense against this code while serving\nduring a prior enlistment in a force of the organized militia shall not\nbe relieved from amenability to trial by court-martial by reason of the\ntermination of said prior enlistment, if such person re-enlisted in any\nforce of the organized militia not more than one day after the date of\ntermination of the prior enlistment.\n (b) All persons discharged from the organized militia subsequently\ncharged with having fraudulently obtained said discharge shall, subject\nto the provisions of section 130.43, be subject to trial by\ncourt-martial on said charge and after apprehension, shall be subject to\nthis code. Upon conviction of said charge they shall be subject to trial\nby court-martial for all offenses under this code committed prior to the\nfraudulent discharge.\n (c) Any person who has deserted from the organized militia shall not\nbe relieved from amenability to the jurisdiction of this code by virtue\nof a separation from any subsequent period of service.\n (d) In the case of persons charged with absence without leave under\nsection 130.82 of this article, in personam jurisdiction of special\ncourts-martial with powers to adjudge a bad-conduct discharge can be\nobtained over such persons by any method of personal service sufficient\nfor personal jurisdiction under the provisions of section three hundred\neight of the civil practice law and rules; provided that diligent\nefforts have been made to deliver the charges to such persons. In all\ncases where personal jurisdiction is obtained by service in accordance\nwith the provisions of this section, the special courts-martial shall\nnot have the power to adjudge confinement.\n