IN RE: Parask VLEPAKIS (1998)

In a proceeding pursuant to CPLR article 78 to prohibit further prosecution for petit larceny in criminal proceedings pending in the First District Court of Hempstead, entitled People v. Vlepakis (Index No. 23787/96), and People v. Halkiopoulos (Index No. 24083/96), the petitioners appeal from a judgment of the Supreme Court, Nassau County (O'Brien, J.), dated January 7, 1997, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

The program was not a punishment, as the course did not serve the goal of either retribution or deterrence.   Rather, the class was, by its terms, purely remedial in nature, with the result that the double jeopardy clause of the Fifth Amendment was not triggered (see, e.g., United States v. Ursery, 518 U.S. 267, 116 S.Ct. 2135, 135 L.Ed.2d 549;  Matter of Cordero v. Lalor, 89 N.Y.2d 521, 655 N.Y.S.2d 870, 678 N.E.2d 482, cert. denied 522 U.S. 846, 118 S.Ct. 131, 139 L.Ed.2d 80;  People v. Haishun, 238 A.D.2d 521, 656 N.Y.S.2d 660;  People v. Roach, 226 A.D.2d 55, 649 N.Y.S.2d 607;  see also, U.S. v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487;  Matter of Smith v. County Ct. of Essex County, 224 A.D.2d 89, 649 N.Y.S.2d 507;  City of New York v. Wright, 222 A.D.2d 374, 375, 636 N.Y.S.2d 33;  Matter of Constantine v. One 1980 Datsun, 163 A.D.2d 866, 559 N.Y.S.2d 411).

The petitioners' remaining contentions are without merit.

MEMORANDUM BY THE COURT.