In People v. Colombo, 31 N.Y.2d 947 (1972), the Court of Appeals held that a defendant who had previously been punished for contempt of court under Judiciary Law 750, for refusing to testify before the Grand Jury despite a grant of immunity, could not be indicted "for the same act and offense." The Court held that "the same evidence proves the Judiciary Law contempt for which defendant was previously punished and the Penal Law contempt charged in the indictment, and the elements of the two contempt charges are the same." Id. Because Colombo's punishment under the Judiciary Law was for criminal contempt, the Double Jeopardy clause barred his subsequent indictment under the Penal Law. Id. Colombo therefore must stand for the proposition that a summary criminal contempt proceeding under the Judiciary Law is a prosecution for purposes of CPL 40.20 analysis.