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PEOPLE v. VASQUEZ

89 N.Y.2d 521 (1997)

678 N.E.2d 482

655 N.Y.S.2d 870

The People of the State of New York, Respondent, v. Edwin Vasquez, Appellant. In the Matter of Jose Cordero, Appellant, v. Daniel K. Lalor, as County Judge of Greene County, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 20, 1997.

Attorney(s) appearing for the Case

Carl J. Silverstein, Monticello, for appellant in the first above-entitled action.

James T. Hayden, District Attorney of Chemung County, Elmira, for respondent in the first above-entitled action.

Greg D. Lubow, Public Defender of Greene County, Catskill, for appellant in the second above-entitled proceeding.

Edward G. Cloke, District Attorney of Greene County, Catskill, for Robert E. Carpenter, respondent in the second above-entitled proceeding.

Dennis C. Vacco, Attorney-General, Albany (Barbara G. Billet, Peter H. Schiff and Martin A. Hotvet of counsel), for State Department of Correctional Services, amicus curiae in the first above-entitled action and second above-entitled proceeding.

Lopinto, Schlather, Solomon & Salk, Ithaca (Diane V. Bruns and Mark J. Solomon of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae in the second above-entitled proceeding.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

WESLEY, J.

The primary issue in each of these appeals is whether the Double Jeopardy Clauses of the State and Federal Constitutions bar the criminal prosecution of an inmate who has previously been the subject of internal prison disciplinary sanction. We conclude that the disciplinary sanctions imposed do not constitute "criminal punishment" triggering double jeopardy protections. Thus, the claims that the criminal...

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