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STATE v. GAFFEY

92 N.J. 374 (1983)

456 A.2d 511

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DANIEL GAFFEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 27, 1983.

Attorney(s) appearing for the Case

Lois De Julio, First Assistant Deputy Public Defender, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Lawrence H. Posner, Assistant Prosecutor, argued the cause for respondent (Harold J. Ruvoldt, Jr., Hudson County Prosecutor, attorney).

The opinion of the Court was delivered by HANDLER, J.

The New Jersey Code of Criminal Justice provides for the dismissal of criminal charges against a defendant who has been adjudged incompetent where either the defendant has remained unfit to stand trial for a sufficient period of time (N.J.S.A. 2C:4-6c), or it is "not substantially probable that the defendant will regain his competence in the foreseeable future" (N.J.S.A. 2C:4-6e). In this case, the...

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