PEOPLE v. DANIELS

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.