New York statute
N.Y. Penal Law § 190.10 — Issuing a bad check; presumptions
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 190: Other Frauds, New York Penal Law.
Full text of N.Y. Penal Law § 190.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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