People v. Gans

OPINION OF THE COURT

Benjamin Altman, J.

Should a defendant indicted for double murder, matricide and patricide — who is found by the court to be dangerous to himself and others — conceded by both sides to be presently incompetent, be given Jackson relief?

Under the facts here the response is negative.

The defendant has made a motion pursuant to Jackson v Indiana (406 US 715). Defendant’s motion is for conversion to civil status based on the Jackson case. (Jackson relief is civil commitment status granted to an individual under criminal indictment who has been declared incompetent and in the…