Judge Astacio attorney: Probation violations dismissed

Will Cleveland | Democrat and Chronicle

Show Caption Hide Caption Leticia Astacio: Her stunning rise to City Court Judge Leticia Astacio overcame significant obstacles on her ascent to a judgeship.

The three pending probation violations facing embattled City Court Judge Leticia Astacio have been dismissed, according to her attorney.

Astacio was scheduled to appear in Rochester City Court Friday for a hearing, but that appearance has been canceled, according to Mark Foti, Astacio's attorney.

Foti said that the pending probation violations, including two related to the alleged attempted purchase of a shotgun in April, will be waived by the Ontario County District Attorney's Office.

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The third violation was for not complying with required mental health treatment. "The prosecution has moved to withdraw and dismiss the pending violations of probation," Foti said. "It doesn't preclude grand jury action on the felony charge still pending."

Astacio, who remains on probation, is still charged with felony attempted criminal purchase or disposal of a weapon. That charge is still pending as it awaits action from a Monroe County grand jury.

Astacio allegedly tried to purchase a shotgun at Dick's Sporting Goods in Henrietta on April 2, according to Monroe County Sheriff Todd Baxter.

Seneca County District Attorney Barry Porsch is prosecuting the felony case.

She was sentenced to three years of probation on July 6, 2017. She was elected to office in 2014 and was slated to serve a 10-year term.

With this dismissal, there are no pending probation violations facing Astacio.

In 2016, Astacio was convicted of misdemeanor driving while intoxicated, followed by a string of probation violations and time spent in jail. The terms of Astacio's probation prohibit her from "possessing a firearm, dangerous weapon, or noxious substance."

Attempts to reach Ontario County Assistant District Attorney Zach Mauer were unsuccessful. The Ontario County District Attorney's Office is overseeing Astacio's case to avoid any conflicts of interest that might arise in Monroe County.

"She is pleased with this decision, because it's the right one based on the allegations that were made, and it certainly speaks to the lack of legitimacy of the pending felony charge as well," Foti said.

Astacio was suspended in April by the state Court of Appeals. She exercised her right to appeal the state commission’s decision in May. The commission's decision was released in April. It called for her to lose her judgeship.

The commission filed a rebuttal last with the state's highest court, outlining why Astacio should be removed from the bench.

Astacio's case is scheduled to be heard before the Court of Appeals on Sept. 5. Until then, she remains suspended with pay. Astacio has not presided over a case since her arrest in 2016.

By law, judges who are the subject of a disciplinary ruling by the state Commission on Judicial Conduct can either accept the findings or appeal them to the state Court of Appeals.

The Court of Appeals has three options: uphold the commission’s recommended punishment; reduce it; or overturn it all together and allow her to stay on the bench.

WCLEVELAND@Gannett.com