§ 190.05 Issuing a bad check.\n A person is guilty of issuing a bad check when:\n 1. (a) As a drawer or representative drawer, he utters a check knowing\nthat he or his principal, as the case may be, does not then have\nsufficient funds with the drawee to cover it, and (b) he intends or\nbelieves at the time of utterance that payment will be refused by the\ndrawee upon presentation, and (c) payment is refused by the drawee upon\npresentation; or\n 2. (a) He passes a check knowing that the drawer thereof does not then\nhave sufficient funds with the drawee to cover it, and (b) he intends or\nbelieves at the time the check is passed that payment will be refused by\nthe drawee upon presentation, and (c) payment is refused by the drawee\nupon presentation.\n Issuing a bad check is a class B misdemeanor.\n
N.Y. Penal Law § 190.05
Issuing a bad check
Applied in 2 court decisions — leading case Matter of Marinelli (2022)
Most recently applied in Matter of Marinelli (May 2022)
2014-09-22
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.