2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 190 - (190.00 - 190.86) OTHER FRAUDS
190.00 - Issuing a bad check; definitions of terms.

 
  § 190.00 Issuing a bad check; definitions of terms.
    The following definitions are applicable to this article:
    1.  "Check"  means  any  check,  draft  or similar sight order for the
  payment of money which is not post-dated with respect  to  the  time  of
  utterance.
    2.  "Drawer"  of  a check means a person whose name appears thereon as
  the primary obligor, whether the actual signature be that of himself  or
  of a person purportedly authorized to draw the check in his behalf.
    3.  "Representative drawer" means a person who signs a check as drawer
  in a representative capacity or  as  agent  of  the  person  whose  name
  appears thereon as the principal drawer or obligor.
    4.   "Utter."  A  person  "utters"  a  check  when,  as  a  drawer  or
  representative drawer thereof,  he  delivers  it  or  causes  it  to  be
  delivered  to  a  person who thereby acquires a right against the drawer
  with respect to such check. One who draws a check with intent that it be
  so delivered is deemed to have uttered it if the delivery occurs.
    5. "Pass." A person "passes" a check when, being a  payee,  holder  or
  bearer  of  a  check  which previously has been or purports to have been
  drawn and uttered by another, he delivers it, for a purpose  other  than
  collection,  to a third person who thereby acquires a right with respect
  thereto.
    6. "Funds" means money or credit.
    7. "Insufficient funds." A drawer  has  "insufficient  funds"  with  a
  drawee  to  cover  a  check when he has no funds or account whatever, or
  funds in an amount less than that of the check; and a  check  dishonored
  for  "no  account"  shall  also  be  deemed  to have been dishonored for
  "insufficient funds."