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.

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Answered on 2/23/06, 11:33 am


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