Is there double jeopardy in a criminal non-support prosecution?
"New York", United States of America
The following excerpt is from People v. Boyer, 105 Misc.2d 877, 430 N.Y.S.2d 936 (N.Y. City Ct. 1980):
In order to resolve the issue of double jeopardy in a criminal non-support prosecution, we would suggest three areas be examined: (1) do the charges in both cases arise out of identical transactions, (2) was the defendant 'in jeopardy' in the first proceeding, and, (3) was the purpose of the first proceeding punitive? People v. Dairylea Cooperative, supra, pp. 20-22.
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