Opinion
June 15, 1993
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
Defendant's conviction is not barred on constitutional double jeopardy grounds because the antecedent proceedings under article 10 of the Family Court Act were civil in nature. Both a criminal and a civil sanction may be imposed for the same act or omission. "[T]he double jeopardy clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense" (Helvering v. Mitchell, 303 U.S. 391, 399; Matter of Barnes v. Tofany, 27 N.Y.2d 74, 77-78).
We have considered the defendant's remaining argument, and find it to be without merit.
Concur — Milonas, J.P., Rosenberger, Rubin and Nardelli, JJ.