Legal Question in Criminal Law in New York
Check with Insufficient Funds
If a store customer paid by check for a purchase of $159.00 and the check
was found to be drawn on an account with insufficient funds to cover the
check, would this crime fall under the ''petit larceny'' lable if charges were
filed and pursued by the merchant?
Asked on 2/23/06, 11:13 am
1 Answer from Attorneys
Re: Check with Insufficient Funds
It could be petit larceny in New York. The prosecutor would have to prove that the check writer KNEW there were insufficient funds to cover the check rather than a simple miscalculation about when other incoming funds would clear. I am defending a client in this exact type of case right now.
Answered on 2/23/06, 11:33 am
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