NYSentencing

§ 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.
    Issuing a bad check is a class B misdemeanor.
with Argument