People v. Nibur

The defendant has been convicted of issuing and delivering a check with intent to defraud. (Penal Law, § 1292-a.) This statute creates prima facie evidence of intent to defraud where payment of a check delivered is refused “ by the drawee because of lack of funds.” It is immaterial that the check may have been delivered for payment of a past indebtedness, provided the fraudulent intent exists. (People v. Humphries, 226 App. Div. 500.)

The presumption thus created is, of course, not conclusive, but is rebuttable. The appeal here is predicated upon the claim that the presumption was overcome and…