Jose Martinez was sentenced by Criminal Court Judge Susan Cacace six months time served SHOCK and ten years sex offender probation on October 11, 2011. A permanent order of protection is in effect until October 11, 2019 for the victim.
The sex offender status is the subject of a separate court hearing under the Sex Offender Registry Act (SORA) in which a judge will assign a level 1,2,or 3 depending on various risk factors. A list will be read through with numbers assigned and the final number will determine the level of sex offender status.
Martinez was released from the Westchester County Jail on July 20, 2011 after he entered a guilty plea as to a course of sexual conduct against a child in the 2nd degree, a class D violent felony. Under the plea agreement, Martinez admitted he had anal and/or oral sexual contact with a then 14-year old male student at the Isaac E. Young Middle School. Martinez was released on his own recognizance.
In exchange for admitting guilt and avoiding the necessity of the victim having to testify at a trial, Martinez received a "sentence promise" from that he will receive a six month sentence of "shock probation" which will amount to 119 days in jail or "time served", according to Tracey Everson, spokesperson for the Westchester County District Attorney. Martinez was otherwise facing 7 years in prison.