Lynch, J.
After trial before a jury of six in District Court, the defendant appeals from her conviction of larceny by check, in violation of G. L. c. 266, § 37 (1984 ed.). She claims that the statute is unconstitutional and raises numerous other arguments for reversal of her conviction. We transferred the case to this court on our own motion. We affirm.
The charge stemmed from the defendant’s purchase on June 7, 1983, of $79.71 worth of merchandise from a Zayre department store by means of a check that was returned for lack of sufficient funds. The defendant waived her right to an initial bench trial in favor of a jury trial in the first instance.
On January 20, 1984, the scheduled trial date, the defendant chose to be represented by court-appointed counsel, an opportunity she had rejected at the time of arraignment. After appointment, counsel conferred with the defendant and the assistant district attorney regarding possible disposition of the case. The trial judge was then informed that the defendant would be willing to make restitution and to refrain from instituting a civil action against Zayre. On the basis of that representation [311]*311the judge continued the case without a finding, in accordance with the recommendation of the Commonwealth. Shortly thereafter the judge learned that the defendant intended to commence a civil action against Zayre. After conferring with defense counsel and the assistant district attorney, the judge ordered that the criminal complaint be restored to the trial list.
At trial, the defendant was again represented by counsel, although she initially requested to “proceed in a dual capacity” and declined her attorney’s assistance for the opening statement. The Commonwealth presented sufficient evidence to support her conviction.
1. On appeal, the defendant pro se argues that the judge’s revocation of his order continuing the case without a finding upon payment of restitution and execution of a release amounted to a denial of the defendant’s rights under the Massachusetts Declaration of Rights, arts. 11 and 12, and the Fourteenth Amendment to the United States Constitution. It is true that disposition of criminal cases conditioned on the execution of releases as to related civil claims has been deemed improper. See Foley v. Lowell Div. of the Dist. Court Dept., 398 Mass. 800 (1986); Enbinder v. Commonwealth, 368 Mass. 214, cert. denied, 423 U.S. 1024 (1975); Commonwealth v. Eaton, 11 Mass. App. Ct. 732 (1981). We were recently critical of a judge who, sua sponte, offered to dismiss a case if the defendant would execute a waiver of his civil claims. Foley v. Lowell Div. of the Dist. Ct., supra.
In those cases, however, the judge or prosecutor proposed that a release be executed in exchange for a dismissal or a prosecutor’s agreement to nolle prosequi. Here there is no evidence that the judge or prosecutor attempted to interfere with the defendant’s exercise of her right to file a civil action. The judge informed the defendant that she had “a right to proceed against Zayre’s and I would not interfere with that in any way, shape, or manner ... if that was your option then I won’t interfere with the option.” Of equal significance is the fact that the condition of a release was not imposed upon the defendant in the course of trial, against her wishes. The pro-[312]*312posai that she release her civil claims arose at the suggestion of, and on the recommendation of, her counsel in order to achieve an amicable disposition of the case.
The upshot of the judge’s rulings was that the defendant was afforded her right to a jury trial. The defendant cannot fairly argue that she was entitled to a dismissal as a matter of right.
2. The defendant also challenges the constitutionality of the statute governing larceny by check, G. L. c. 266, § 37.
General Laws c. 266, § 37, provides in relevant part: “Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument, although no express representation is made in reference thereto ... if money or property or services are obtained thereby shall be guilty of larceny.”
The statute further provides that: “As against the maker or drawer thereof, the making, drawing, uttering or delivery of such a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depositary, unless the maker or drawer shall have paid the holder thereof the amount due thereon, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee.”
The defendant argues that the statute lacks the “[cjonstitu-tional requirements of structural soundness and specificity,” which we interpret as a claim that the statute is impermissibly vague. She also contends that the “operative fact” of failing to pay a check within two days of notice of dishonor also creates fatal ambiguity and vagueness.
The “operative fact” which must be found for conviction under the statute is not an omission, as the defendant laments, but the act of writing a check with knowledge of insufficient funds with intent to defraud. Failure to pay within two days [313]*313after notice of dishonor is not an element of the offense. The statute makes significant the failure to make full payment within two days of notice of dishonor only on the issue of fraudulent intent. See Commonwealth v. Dunnington, 390 Mass. 472 (1983); Commonwealth v. Solari, 12 Mass. App. Ct. 993 (1981).
The defendant’s further contention that the statute is vague as to the concurrence of the “acts and omissions [and] . . . culpable knowledge and intent” adds nothing. General Laws c. 266, § 37, renders a defendant guilty not for the bank’s acts but, rather, for the defendant’s use of the check to obtain money, property, or services with the knowledge of an insufficiency of funds and with a fraudulent intent.
The defendant’s remaining constitutionally based argument characterizes c. 266, § 37, as “overbroad” and its application as a violation of “equal protection.” She cites no case in support of this argument. The overbreadth doctrine is essentially a modification of traditional rules of standing and is applicable only to First Amendment claims. Broadrick v. Oklahoma, 413 U.S. 601, 612 (1973). We perceive no protected conduct to be implicated here. The statute in question simply imposes criminal liability for issuing a check with knowledge that the account on which it is drawn contains insufficient funds, and with an intent to defraud.
Although the defendant has used the words “equal protection,” she fails to raise an equal protection argument meriting our attention. We only note that the defendant has not established that a decision was made not to prosecute other offenders and that “failure to prosecute [other offenders] was either consistent or deliberate . . . and that the decision not to prosecute was based upon an impermissible classification such as race, religion, or sex” (citations omitted). Commonwealth v. Franklin,
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Lynch, J.
After trial before a jury of six in District Court, the defendant appeals from her conviction of larceny by check, in violation of G. L. c. 266, § 37 (1984 ed.). She claims that the statute is unconstitutional and raises numerous other arguments for reversal of her conviction. We transferred the case to this court on our own motion. We affirm.
The charge stemmed from the defendant’s purchase on June 7, 1983, of $79.71 worth of merchandise from a Zayre department store by means of a check that was returned for lack of sufficient funds. The defendant waived her right to an initial bench trial in favor of a jury trial in the first instance.
On January 20, 1984, the scheduled trial date, the defendant chose to be represented by court-appointed counsel, an opportunity she had rejected at the time of arraignment. After appointment, counsel conferred with the defendant and the assistant district attorney regarding possible disposition of the case. The trial judge was then informed that the defendant would be willing to make restitution and to refrain from instituting a civil action against Zayre. On the basis of that representation [311]*311the judge continued the case without a finding, in accordance with the recommendation of the Commonwealth. Shortly thereafter the judge learned that the defendant intended to commence a civil action against Zayre. After conferring with defense counsel and the assistant district attorney, the judge ordered that the criminal complaint be restored to the trial list.
At trial, the defendant was again represented by counsel, although she initially requested to “proceed in a dual capacity” and declined her attorney’s assistance for the opening statement. The Commonwealth presented sufficient evidence to support her conviction.
1. On appeal, the defendant pro se argues that the judge’s revocation of his order continuing the case without a finding upon payment of restitution and execution of a release amounted to a denial of the defendant’s rights under the Massachusetts Declaration of Rights, arts. 11 and 12, and the Fourteenth Amendment to the United States Constitution. It is true that disposition of criminal cases conditioned on the execution of releases as to related civil claims has been deemed improper. See Foley v. Lowell Div. of the Dist. Court Dept., 398 Mass. 800 (1986); Enbinder v. Commonwealth, 368 Mass. 214, cert. denied, 423 U.S. 1024 (1975); Commonwealth v. Eaton, 11 Mass. App. Ct. 732 (1981). We were recently critical of a judge who, sua sponte, offered to dismiss a case if the defendant would execute a waiver of his civil claims. Foley v. Lowell Div. of the Dist. Ct., supra.
In those cases, however, the judge or prosecutor proposed that a release be executed in exchange for a dismissal or a prosecutor’s agreement to nolle prosequi. Here there is no evidence that the judge or prosecutor attempted to interfere with the defendant’s exercise of her right to file a civil action. The judge informed the defendant that she had “a right to proceed against Zayre’s and I would not interfere with that in any way, shape, or manner ... if that was your option then I won’t interfere with the option.” Of equal significance is the fact that the condition of a release was not imposed upon the defendant in the course of trial, against her wishes. The pro-[312]*312posai that she release her civil claims arose at the suggestion of, and on the recommendation of, her counsel in order to achieve an amicable disposition of the case.
The upshot of the judge’s rulings was that the defendant was afforded her right to a jury trial. The defendant cannot fairly argue that she was entitled to a dismissal as a matter of right.
2. The defendant also challenges the constitutionality of the statute governing larceny by check, G. L. c. 266, § 37.
General Laws c. 266, § 37, provides in relevant part: “Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument, although no express representation is made in reference thereto ... if money or property or services are obtained thereby shall be guilty of larceny.”
The statute further provides that: “As against the maker or drawer thereof, the making, drawing, uttering or delivery of such a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depositary, unless the maker or drawer shall have paid the holder thereof the amount due thereon, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee.”
The defendant argues that the statute lacks the “[cjonstitu-tional requirements of structural soundness and specificity,” which we interpret as a claim that the statute is impermissibly vague. She also contends that the “operative fact” of failing to pay a check within two days of notice of dishonor also creates fatal ambiguity and vagueness.
The “operative fact” which must be found for conviction under the statute is not an omission, as the defendant laments, but the act of writing a check with knowledge of insufficient funds with intent to defraud. Failure to pay within two days [313]*313after notice of dishonor is not an element of the offense. The statute makes significant the failure to make full payment within two days of notice of dishonor only on the issue of fraudulent intent. See Commonwealth v. Dunnington, 390 Mass. 472 (1983); Commonwealth v. Solari, 12 Mass. App. Ct. 993 (1981).
The defendant’s further contention that the statute is vague as to the concurrence of the “acts and omissions [and] . . . culpable knowledge and intent” adds nothing. General Laws c. 266, § 37, renders a defendant guilty not for the bank’s acts but, rather, for the defendant’s use of the check to obtain money, property, or services with the knowledge of an insufficiency of funds and with a fraudulent intent.
The defendant’s remaining constitutionally based argument characterizes c. 266, § 37, as “overbroad” and its application as a violation of “equal protection.” She cites no case in support of this argument. The overbreadth doctrine is essentially a modification of traditional rules of standing and is applicable only to First Amendment claims. Broadrick v. Oklahoma, 413 U.S. 601, 612 (1973). We perceive no protected conduct to be implicated here. The statute in question simply imposes criminal liability for issuing a check with knowledge that the account on which it is drawn contains insufficient funds, and with an intent to defraud.
Although the defendant has used the words “equal protection,” she fails to raise an equal protection argument meriting our attention. We only note that the defendant has not established that a decision was made not to prosecute other offenders and that “failure to prosecute [other offenders] was either consistent or deliberate . . . and that the decision not to prosecute was based upon an impermissible classification such as race, religion, or sex” (citations omitted). Commonwealth v. Franklin, 376 Mass. 885, 894 (1978).
3. The defendant also argues that the judge’s jury instructions were improper. Defense counsel indicated his approval and failed to object after they were presented to the jury. In such a case we need not consider the objections now raised to the judge’s instructions. We review the judge’s instructions only [314]*314to determine if there is a substantial risk of a miscarriage of justice. Commonwealth v. Preziosi, 399 Mass. 748 (1987). Commonwealth v. Bryer, 398 Mass. 9, 16-17 (1986).
The record reveals no instruction informing the jury of an evidentiary presumption (or irrebuttable presumption, as claimed by the defendant). Rather, the trial judge referred to the language of (he statute, stating: “If the defendant is the maker or drawer and has received a notice that such check, draft, or whatever has not been paid by the drawee bank and she has not paid the holder of the check or draft the amount due thereon plus costs and protest fees within two business days after such notice, it shall be prima facie evidence of the intent to defraud and an acknowledge [szc] of insufficient funds or credit with such depository bank.” The word “presumption” was never used, except to inform the jury of the presumption of the innocence of the defendant.
The instruction the judge did give with respect to prima facie evidence was in terms of a permissive inference. The judge explained with reference to prima facie evidence that “[i]n the absence of competing evidence the jury is permitted, though not required, to find that the inferred act was true beyond a reasonable doubt.” The term prima facie evidence as used in the statute has been interpreted to mean the kind of inference that does not disappear on the introduction of evidence to the contrary; it remains evidence throughout the trial. See Fuller v. Home Indem. Co., 318 Mass. 37 (1945). Therefore, the judge’s instruction was more favorable to the defendant than an instruction consistent with this court’s prior interpretation of the term prima facie evidence as used in the statute. Moreover, even if the statute is susceptible to constitutional attack, as is contended in the dissent, infra at 318-319, no miscarriage of justice results because the judge limited its use to situations where there was no competing evidence. Competing evidence in the form of the defendant’s denial of fraudulent intent existed, so the judge’s instruction concerning the inference was not prejudicial, although it had no relevance to their case, and no miscarriage of justice could have resulted from the instruction.
[315]*315The jury finding against the defendant on the issue of fraudulent intent was warranted apart from the statute. There was evidence that on June 2, 1983, the defendant had $435.38 in her account; that from June 2 to June 10 she wrote checks totaling $578.03; that the account was subsequently overdrawn during June on three separate occasions; and that the check issued by the defendant was returned for insufficient funds on or about June 27, 1983. There was also evidence that the defendant was notified of that fact and that, if she failed to pay the amount of the check within ten days, legal action would be taken against her. There was also testimony that, when the security manager telephoned the defendant on July 19, 1983, the defendant stated that she would be in to pay the amount due on Saturday, July 23, 1983. The defendant did not appear on that date. She made no contact with Zayre until the last week in August, 1983, at which time she sent a check for $30.00, which the security manager explained could not be accepted under the circumstances. From this evidence the jury could reasonably have concluded beyond a reasonable doubt the defendant intended to defraud the complainant. See In re Winship, 397 U.S. 358, 364 (1970).
In reaching the result here, we have not considered any possible constitutional weakness in the statutory language creating a prima facie inference of intent to defraud from the fact of failure to pay within two days of notice of dishonor.
4. The defendant raises numerous arguments with respect to the conduct of her trial which may be categorized as objections regarding (1) assistance of counsel, and (2) rulings of the judge. Commonwealth v. Rondeau, 378 Mass. 408, 412 (1979), sets forth a “two step inquiry” to be used in evaluating claim of ineffective assistance of counsel: the defendant must demonstrate “both (1) that the conduct of his trial counsel fell ‘measurably below that which might be expected from an ordinary fallible lawyer,’ Commonwealth v. Saferian, 366 Mass. 89, 96 (1974), and (2) that ‘prejudice resulted] therefrom.’ ” Commonwealth v. Sellon, 380 Mass. 220, 223 (1980), quoting Commonwealth v. Rondeau, supra. The defendant has satisfied neither requirement. Defense counsel’s advocacy at trial was well within the standards of Saferian.
[316]*316As stated in Commonwealth v. Rondeau, supra at 413, when “arguably reasoned tactical or strategic judgments of a lawyer are called into question, we do not ‘second guess competent lawyers working hard for defendants who turn on them when the jury happen to find their clients guilty,’ Commonwealth v. Stone, 366 Mass. 506, 517 (1974),” but rather require that such judgments be “manifestly unreasonable.” Commonwealth v. Adams, 374 Mass. 722, 728 (1978). In this case, defense counsel’s judgments were reasonable and furthered the fair and straightforward presentation of the defense.
Finally, the defendant raises before this court a list of complaints concerning pretrial procedure, the conduct of the trial, and the trial judge’s rulings as to various motions. The judge conducted the proceedings with great tolerance for the defendant’s behavior, which several times bordered on contempt. Furthermore, the defendant has failed either to indicate the nature of any alleged prejudice resulting from the actions and rulings she complains of, or to support such allegations with argument. Where the defendant merely lists alleged errors and complaints, without proper argument, that list does not merit our attention. Mass. R. App. P. 16 (a) (4), as amended, 367 Mass. 919 (1975).
Judgment affirmed.