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

 
  § 190.10 Issuing a bad check; presumptions.
    1.  When  the drawer of a check has insufficient funds with the drawee
  to cover it  at  the  time  of  utterance,  the  subscribing  drawer  or
  representative  drawer,  as the case may be, is presumed to know of such
  insufficiency.
    2. A subscribing drawer or representative drawer, as the case may  be,
  of  an  ultimately  dishonored  check  is  presumed  to have intended or
  believed that the check would be dishonored upon presentation when:
    (a) The drawer  had  no  account  with  the  drawee  at  the  time  of
  utterance; or
    (b)  (i) The drawer had insufficient funds with the drawee at the time
  of utterance, and (ii) the check was presented to the drawee for payment
  not more than thirty days after the date of  utterance,  and  (iii)  the
  drawer   had   insufficient  funds  with  the  drawee  at  the  time  of
  presentation.
    3. Dishonor of a check by the drawee and insufficiency of the drawer's
  funds at the time of presentation may properly be proved by introduction
  in evidence of a notice of protest of the check,  or  of  a  certificate
  under  oath  of an authorized representative of the drawee declaring the
  dishonor and insufficiency, and such proof shall constitute  presumptive
  evidence of such dishonor and insufficiency.