N.Y. Penal Law § 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."