(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.
New York Legal Code