New York Penal Law § 190.05: Issuing a Bad Check

New York Penal Law § 190.05, Issuing a Bad Check, makes it a crime to knowingly issue or pass a check for the payment of money when the issuer knows that there are insufficient funds in the account to cover the check, or that the check will be dishonored upon presentation.

Under this law, an individual who writes a check without sufficient funds in their account or who writes a check on a closed account can be charged with the crime of issuing a bad check. This statute is intended to protect merchants and individuals who accept checks as payment for goods or services from fraudulent activity and financial harm.

To be convicted of violating this law, the prosecution must prove beyond a reasonable doubt that the defendant issued or passed a check that was dishonored because of insufficient funds or a closed account, and that the defendant knew at the time of issuance that the check would be dishonored.

A violation of this law is classified as a Class B misdemeanor, which is a relatively minor criminal offense. The maximum penalty for violating this law is imprisonment for up to three months, a fine of up to $500, or both. The court may also order restitution to the victim of the bad check, which requires the defendant to pay the amount of the bad check, plus any associated fees and costs.

New York Penal Law § 190.05 is intended to deter and punish individuals who engage in fraudulent and deceptive practices related to the issuance of checks, while providing legal recourse for victims of such activity.

Example

People v. Douglas, 242 A.D.2d 780 (3d Dep't 1997). In this example the defendant, Allen Douglas, was accused of issuing a bad check and petit larceny. The bad check was for $3,315 and was issued to a car dealership as payment for a vehicle. The check bounced and the dealership was unable to collect the funds. The prosecution argued that Douglas knowingly issued a bad check with the intent to defraud the dealership.

At trial, the prosecution presented evidence that Douglas had a history of issuing bad checks, including a prior conviction for issuing a bad check. The prosecution also presented evidence that Douglas had made several false statements to the dealership about his employment and income, and that he had promised to provide cash payment for the vehicle but failed to do so.

Douglas argued that the evidence was insufficient to support the convictions. Specifically, he argued that the prosecution had failed to prove that he acted with the intent to defraud. However, the court rejected this argument and affirmed the convictions.

The court held that the evidence was sufficient to support the finding that Douglas knowingly issued a bad check and that he intended to steal the property that he obtained with the check. The court noted that Douglas had a history of issuing bad checks, had made false statements to the dealership, and had promised to provide cash payment but failed to do so. Based on this evidence, the court concluded that the jury was entitled to infer that Douglas had acted with the intent to defraud.

Related Offenses

1. False advertising: New York Penal Law section 190.20
2. False personation: New York Penal Law section 190.23

Sentence

New York Penal Law § 190.05, Issuing a Bad Check, is a Class B misdemeanor in New York. The sentence for violating this law can include imprisonment for up to three months, a fine of up to $500, or both. The court may also order restitution to the victim of the bad check, which requires the defendant to pay the amount of the bad check, plus any associated fees and costs.

New York Penal Law § 190.05: Issuing a Bad Check

A person is guilty of issuing a bad check when:

1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation.

Contact Stephen Bilkis & Associates

If you have been charged with violating New York Penal Law § 190.05, Issuing a Bad Check, it is important to take the matter seriously and seek legal representation as soon as possible. A New York criminal lawyer can provide valuable legal advice and representation throughout the criminal justice process. An attorney can help you understand the charges against you, your legal rights, and your options for defending against the charges. Remember, being charged with a crime does not necessarily mean that you will be convicted. With the help of an experienced New York criminal lawyer you may be able to fight the charges or negotiate a favorable plea agreement. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.

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