WHITE PLAINS, NY (December 13, 2022) — Edgar Martinez, 23, of Mamaroneck, was sentenced Tuesday to two consecutive 364 day sentences by Judge Alexandra D. Murphy in Westchester Supreme Court after he pleaded guilty to a negotiated global disposition of cases in Mamaroneck, White Plains, and Larchmont. He still has two open dockets in Rye City Court.
Martinez previously pleaded guilty to Robbery – 3rd, a D Non-Violent Felony, on March 3, 2021 before Judge Murphy. He was sentenced Tuesday to 364 days with no probation. The sentence included fines and fees along with permanent orders of protection
Under a Stipulation of Settlement, multiple dockets will be dismissed with charges including Grand Larceny in White Plains, Petit Larceny in White Plains, Attempted Burglary – 2nd in Mamaroneck, Criminal Possession of Stolen Property – 5th.
On Tuesday, Martinez was arraigned on two misdemeanor counts related to an incident at a Mamaroneck ice cream shop where he threatened patrons with a knife. He then immediately pled guilty to Menacing – 2nd, an A Misdemeanor, and sentenced to 364 days to run consecutive with the prior 364 day sentence with no probation under a negotiated plea. The sentence included fines and fees along with permanent orders of protection.
Martinez has been incarcerated at the Westchester County Jail for more than 6 months, according to his lawyer, Russell Smith. That time served will be subtracted from his sentence.
Martinez previously violated probation 3 times, twice in Mamaroneck and once in Rye.
Martinez has two open cases in which he is charged with Violation of Probation in the Village of Mamaroneck and the City of Rye. Those charges do not qualify for the global plea agreement and the defendant will appear in court as scheduled.
Martinez has additional charges pending in Rye City Court. He is due back on December 20, 2022 to face charges of Grand Larceny – 4th (property from a person), Robbery – 3rd, Petit Larceny and Bail Jumping.
Martinez’ attorney explain to Judge Murphy that Martinez, who describes himself as mentally ill, has shown marked improvement since incarcerated where he has been receiving medication that has helped him. Russell Smith said when he met with him at the jail recently, prior to court on Tuesday, Martinez was “lucid and coherent” and understood what was going on with his case.
The change in Martinez was self-evident to this reporter in court yesterday. At a previous appearance two months ago in the Village of Mamaroneck Court, Judge Christie L. Derrico had to repeatedly admonish Martinez following a series of outbursts before ordering him removed from the courtroom.
In front of Judge Murphy, Martinez was calm, polite and cooperative.
Martinez, through his attorney, is seeking to serve his sentence at the Youth Shelter. Judge Murphy and the Westchester County District Attorney’s Office were supportive of the Youth Shelter option but it was not part of the negotiated plea or resulting sentence.
Judge Murphy disclosed that Martinez may face immigration consequences from pleading guilty.
Throughout the criminal proceedings over many long months, his visibly worried mother has sat in the gallery.
Offered the opportunity to be heard before Judge Murphy pronounced sentence, Martinez made a brief statement:
Your honor, I just want to say that I have mental health problems and that I need help, then if I can please get an opportunity to use the (youth) shelter I would not let you down your honor. That’s all I got to say.
UPDATE 1/15/23:
Eduardo Martinez appeared in Mamaroneck Village Court on 12/15/22 on a misdemeanor Violation of Probation charge. His probation revoked and was resentenced to time served and 3 years probation (concurrent)
Eduardo Martinez appeared in Rye City Court on 1/3/23 on a misdemeanor Violation of Probation charge. His probation revoked and was resentenced to time served and 3 years probation (concurrent).
All his open dockets are now closed. He remains incarcerated at Westchester County Jail until completion of his sentence.
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