A. History and Background

JurisdictionNew York

A. History and Background

There exists in American criminal law a general presumption that an accused must be competent to stand trial. While this doctrine was articulated by the federal courts as early as 1899, it was not until 1960 that the U.S. Supreme Court announced a test for competency in Dusky v. United States.4 The Court stated:

[I]t is not enough for the district judge to find that the defendant [is] oriented to time and place and [has] some recollection of events, . . . the test must be whether
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