N.Y. Penal Law § 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.