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New York Consolidated Laws

N.Y. Military Law § 130.82 (2026)

Absence without leave

✓ current as of May 2026
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§ 130.82. Absence without leave. Any person subject to this code who,
without proper authority--
  (1) fails to go to his appointed place of duty at the time prescribed;
or
  (2) goes from that place; or
  (3) absents himself or remains absent from his unit, organization, or
other place of duty at which he is required to be at the time
prescribed;
shall be punished as a court-martial may direct.
Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998).
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People v. Shepherd, 179 Misc. 2d 171 (N.Y. Sup. Ct. 1998). “New York recognizes this offense (see, Military Law § 130.82) despite there being no civilian equivalent contemplated in our criminal law.”
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