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Astacio back in court for pre-trial hearing

June 28, 2018 05:13 PM

Suspended Rochester City Court Judge Leticia Astacio was back in court Thursday for a pre-trial hearing in connection to three alleged probation violations.

According to court paperwork, two of the violations are related to Astacio trying to buy a gun back in April. The other violation is for failing to follow through on mental health treatment.

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On Thursday, Astacio's attorney Mark Foti argues that New York State case law does not consider an unloaded shotgun a "deadly or dangerous weapon" and therefore her possessing it shouldn't be considered a violation of her probation. The assistant district attorney says that state penal law is different than terms of probation. 

Judge Stephen Aronson says he doesn't have the authority to dismiss the violations of probation against Astacio. He says the judge hearing the criminal case about possession of a weapon would have to do that if proven untrue.

Astacio is appealing the Commission on Judicial Conduct's decision to remove her from the bench. The Court of Appeals in Albany will hear the case on Sept. 5.

Watch raw video of Astacio's court appearance below:

WHECTV

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