People v. Morel

OPINION OF THE COURT

Ralph A. Fabrizio, J.

This issue before the court on this motion to renew and reargue, as it was at the time of the prior decision, is whether this criminal prosecution charging defendant with a single count of criminal contempt based on an allegation he violated a Supreme Court order of protection is barred from proceeding under both state law and federal constitutional double jeopardy principles based on the commencement of a civil hearing in a child neglect proceeding brought pursuant to article 10 of the Family Court Act. One of the allegations in the neglect proceeding…