New York v. Martinez

Brief of Amici Curiae National Association of Criminal Defense Lawyers, New York State Defenders Association, Immigrant Defense Project, Regional Immigration Assistance Center 1–Western NY, Regional Immigration Assistance Center 2–Central NY, Regional Immigration Assistance Center 3–Northern NY, Regional Immigration Assistance Center 4–Hudson Valley, Regional Immigration Assistance Center 5–Nyc, New York County Defender Services, the Legal Aid Society, and Brooklyn Defender Services in Support of Defendant-Appellant Marco Martinez and in Support of Reversing the Decision of the County Court

Brief filed: 08/03/2023


New York v. Martinez

Supreme Court of the State of New York; Case No. 2023-04231


In Section I of this brief, amici discuss Padilla and this Court’s decisions interpreting and applying Padilla, which conclusively hold that wrong and incomplete advice as to relief eligibility is ineffective assistance of counsel. As such, the record in this case establishes that defense counsel’s performance was ineffective and the County Court was wrong to conclude otherwise. In Section II, amici discuss and attach numerous publicly available legal resources and practice guides, as well as professional trainings given to defense attorneys in New York, all showing that defense counsel are trained to advise about and negotiate to preserve eligibility for relief from removal, both nationally and in New York. By failing to do so in this case, defense counsel’s performance fell below professional norms and objective standards of reasonableness. The County Court was wrong to conclude otherwise, and its decision must be reversed.


Andrew Wachtenheim, Nabilah Siddiquee, Amelia Marritz, Ryan Muennich, Immigrant Defense Project, New York, NY

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