2006 New York Code - 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.