N.Y. MIL Law § 130.81

§ 130.81. Desertion. (a) Any member of the organized militia who--\n (1) without proper authority goes or remains absent from his place of\nservice, organization, or place of duty with intent to remain away\ntherefrom permanently; or\n (2) quits his unit or organization or place of duty with intent to\navoid hazardous duty or to shirk important service; or\n (3) without being regularly separated from one of the forces of the\norganized militia enlists or accepts an appointment in the same or\nanother one of the forces of the organized militia without fully\ndisclosing the fact he has not been so regularly separated;\nis guilty of desertion.\n (b) Any officer of the organized militia who, having tendered his\nresignation and prior to due notice of the acceptance of the same, quits\nhis post or proper duties without leave and with intent to remain away\ntherefrom permanently is guilty of desertion.\n (c) Any person found guilty of desertion or attempted desertion shall\nbe punished as a court-martial may direct.\n