PEOPLE v. MARTINEZ

2019-12598. Ind. No. 18-505.

194 A.D.3d 753 (2021)

143 N.Y.S.3d 574

2021 NY Slip Op 02825

The People of the State of New York, Respondent, v. Marco A. Martinez, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 5, 2021.


Attorney(s) appearing for the Case

Thomas R. Villecco , Jericho, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Andrew R. Kass of counsel), for respondent.

Chambers, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of the effective assistance of counsel based upon his attorney's alleged failure to accurately advise him of the immigration consequences of his plea is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a "mixed claim of ineffective assistance" (People v Maxwell, 89 A.D.3d 1108<...

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