December 21, 2018 05:43 PM
A trial date has been set for former Rochester City Court Judge Leticia Astacio.
Astacio was in court Friday morning with her attorney to answer to a felony gun charge. The trial is set to begin on Jan. 28.Astacio is accused of trying to illegally buy a gun from Dick's Sporting Goods in Henrietta back in April. She's banned from owning a gun because she's on probation for her DWI conviction.
Astacio's attorney argues an unloaded shotgun is not a dangerous weapon and that her Second Amendment rights were violated.
She was officially removed from the bench by the state Court of Appeals in October.
During the court hearing Friday, the judge also discussed who will be leading the prosecution.
At this time, Seneca County District Attorney Barry Porsch has been handling the case. However, he will be leaving his current position at the end of the year to take over as the Seneca County judge.
The hope is someone within his office can continue the case, as his office is already familiar with it and wouldn't have to start from scratch.
Initially, his office was assigned the case because it could have been seen as a conflict of interest for a Monroe County judge to reside over the case as Astacio was still on the bench.
She has since been removed, opening up the possibility of a judge within the Hall of Justice to oversee the case moving forward.
Mark Foti, the attorney representing Astacio, expressed his concern over jury selection, telling News10NBC that 23 out of 23 people on the grand jury recognized Astacio and were familiar with the case.
Updated: December 21, 2018 05:43 PM
Created: December 21, 2018 09:10 AM
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