Roanoke Owner Asks for Court Appointed Attorney

When she stood before the Rye Town Court Wednesday to answer for several village code violations, homeowner Maria Martinez told a tale of hardship to Judge Anthony Provenzano and asked for a court-appointed attorney.

Martinez must answer to four misdemeanor charges after . revealed walls had been constructed inside to sub-divide the single family home to accommodate additional tenants.

On Sept. 18, two men were shot at the Rye Brook house following a dispute. to inspect the residence, which was already under investigation for possible code violations. 

Days later, homeowner Maria Martinez was charged with four village code violations: 

• Village Code 250-25, Permitted Uses in the R2-F Zoning District
• Village Code 250-9, Partitions Constructed Without Permit
• Village Code 250-10, Certificate of Occupancy Required
• Village Code 192-1, Rooming House Use Prohibited

Martinez was charged with the same four violations at 3 Roanoke Ave. in August 2006, according to Rye Town Court records. In that case, the building permit and permitted use violations were withdrawn and Martinez paid a total of $1000 for violating the prohibition against rooming houses and lack of required certificate of occupancy.

and said he constructed the walls inside dwelling. Martinez later denied Mattiacchio's claim that he did so at her instruction. 

When Martinez faced the judge, she asked for a court appointed attorney saying she was overwhelmed with financial obligations.  

Martinez said she is so strapped she can no longer afford to rent her own apartment and has moved into her sister's apartment; her summons was served at 81 Maple Ave. in Rye. 

Martinez has owned the Roanoke Avenue house for 11 years and told the judge she collects $3000 monthly rent, but uses the money to cover the $2500 mortgage payment. 

Since her son graduated high school in 2009, Martinez said she has been working 2 jobs at eighty to a hundred hours a week to cover his tuition and earns $1000 a week.

Judge Provenzano initially denied Ms. Martinez' request for a court appointed attorney, but then agreed to review the financial statement she offered to submit.

Martinez must come back to court in two weeks, with a lawyer.