State v. Gaffey

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 defendant Daniel Gaffey was charged with various crimes involving an arson which resulted in the deaths of several persons. These criminal…