STATE v. OTERO


238 N.J. Super. 649 (1989)

570 A.2d 503

STATE OF NEW JERSEY, PLAINTIFF, v. VICTOR OTERO, DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

December 21, 1989.


Attorney(s) appearing for the Case

Jane E. Hendry for plaintiff (Ronald S. Fava, Prosecutor of Passaic County, Attorney).

Robert B. Cherry for defendant.


PASSERO, J.S.C.

This opinion considers the following issues relative to the statutory criteria (N.J.S.A. 2C:4-4) affecting a criminal defendant's competency to stand trial.

A. Who bears the burden of proof to establish competency?

B. What standard of proof is required?

C. May this court order compelled medication to achieve sufficient competency?

Defendant, Victor Otero, is charged in a nine-count indictment with various crimes...

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