Judge Leticia Astacio returns to court Monday for felony gun charge

September 30, 2018 06:10 PM

Suspended Rochester Judge Leticia Astacio is scheduled to be arraigned on Monday October 1 at the Hall of Justice in Rochester. 

This month, a Monroe County grand jury indicted Astacio on gun charges. Astacio is charged with attempted criminal purchase or disposal of a weapon


Investigators say Astacio tried to buy a shotgun back in April from Dick's Sporting Goods in Henrietta even though she is prohibited from owning a gun because she is on probation for her prior DWI conviction.

"We are disappointed that the grand jury in Leticia Astacio's case was led to an indictment that we believe is inconsistent with the law," stated Mark Foti, Astacio's lawyer. "We look forward to the opportunity to bring evidentiary and constitutional challenges against these charges in court, and we are ready to litigate." 

As per New York State law, a conviction of a felony automatically leads to disbarment, which is the removal of a lawyer from a bar association or the practice of law. 

Retired Monroe County Judge Patricia Marks says it could be enough ammunition for Astacio to lose her salary. 

“The removal recommendation is pending in front of the court of appeals and obviously one of the decisions that could occur is she could be removed from the bench,” said Marks. 

In April the Commission on Judicial Conduct recommended the removal from the bench, citing several conduct issues from when Astacio was on the bench, in addition to her DWI conviction. 

Astacio appealed the decision of the New York State Commission on Judicial Conduct to remove her as an elected judge. 

Judge Astacio is currently suspended with pay by the New York State Court of Appeals, the highest level court in the state. 

The odds of her being successful overturning the decision aren't good. 

Of the 72 decisions to remove a judge the court of appeals overturned just 10. 


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