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STATE v. KHAN

175 N.J. Super. 72 (1980)

417 A.2d 585

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH KHAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued June 2, 1980.

Decided July 15, 1980.

Attorney(s) appearing for the Case

Stanford M. Singer, Assistant Deputy Public Defender, and Laura M. LeWinn, Deputy Director, Division of Mental Health Advocacy, Department of the Public Advocate, argued the cause for appellant (Stanley C. Van Ness, Public Defender, attorney; Stanford M. Singer, Michael L. Perlin, Director, Division of Mental Health Advocacy, Department of the Public Advocate, and Laura M. LeWinn, of counsel and on the brief).1

Charles M. Moriarty, court-appointed counsel, also argued the cause for appellant (Anschelewitz, Barr, Ansell & Bonello, attorneys; Charles M. Moriarty on the brief).

Elaine Zamula, Assistant Prosecutor, argued the cause for respondent (Alexander D. Lehrer, Monmouth County Prosecutor, attorney; Alton D. Kenney, Assistant Prosecutor, and Elaine Zamula, of counsel and on the brief).

Before Judges SEIDMAN, MICHELS and FURMAN.

The opinion of the court was delivered by SEIDMAN, P.J.A.D.

Defendant was indicted in April 1977 for murder and, in two additional counts, for possession of pistols without having obtained a permit therefor. We granted his motion for leave to appeal from an interlocutory order entered on February 8, 1979, after a competency hearing, which adjudged him competent to stand trial, denied the Public Defender's application for a hearing on the issue of defendant's insanity...

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