2006 New York Code - 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.