Judge weighs Astacio's request to reconsider appeal

The judge who handled, and mostly denied, an appeal by embattled Rochester City Court Judge Leticia Astacio to overturn her probation said Thursday he is weighing a request by her lawyer to reconsider his decision.

A lawyer for Astacio filed paperwork on Jan. 12 with the judge, William Kocher, that argued he erred in mostly denying Astacio’s appeal in his decision of Dec. 8 and asked him to revisit the matter.

Kocher said he planned to contact lawyers for the defense and prosecution to determine whether they wanted to argue the case orally. If not, Kocher said, he would rule on the request soon.

Kocher, an Ontario County Court judge, spoke by phone from his chambers in Canandaigua. All the proceedings in Astacio’s drunken driving case have been assigned to judges who typically work outside of Monroe County to avoid any potential conflicts of interest.

More: Judge rejects Astacio's appeal to overturn her probation

More: Judge denies Astacio's request to vacate drunk driving sentence

Astacio’s original appeal dealt with whether the presiding judge in her case appropriately and properly sentenced her to three years of probation in July after he found her to have violated the terms of her original sentence to her conviction, which was a one-year conditional discharge.

The appeal was grounded in 12 separate arguments, all but one of which Kocher rejected. He found that while Astacio must wear an alcohol-monitoring ankle bracelet, she did not have to pay for it, as was required by her probation.

Astacio has not presided over a case since shortly after her arrest in February 2016.

Her supervisors assigned her in June to administrative duties that require her to be present at the Hall of Justice in downtown Rochester during regular working hours.

Astacio has acknowledged publicly not attending her assignment since August, claiming to have been excused by her doctor for a medical condition.

State Supreme Court Justice Craig Doran, who oversees the courts that make up the state’s Seventh Judicial District, confirmed Thursday that Astacio has not been at work in several months.

Astacio is under investigation by the State Commission on Judicial Conduct, the body in New York tasked with disciplining judges. She continues to receive her state-mandated salary of $173,700 and benefits.

DANDREATTA@Gannett.com