NYSentencing

§ 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.