January 29, 2019 12:15 PM
A trial date has been set for former Rochester City Court Judge Leticia Astacio.
Astacio is facing a felony gun charge after being accused of trying to buy a gun while on probation for DWI. If convicted, the former judge could lose her license to practice law.
Astacio seemed in good spirits as she appeared in Onondaga County Court in Syracuse on Tuesday. Her attorney asked the judge to consider his motions to dismiss the case on several grounds.
"Our position all along, if you look at the definition of probation, what she is alleged to have done is not illegal," Mark Foti said.
Foti says Astacio was not in violation of her probation when she allegedly tried to purchase a shotgun at a Dick's Sporting Goods store. He says some facts in this case have been overlooked. He also wants the judge to dismiss the grand jury indictment, saying the change of venue supports the argument that Astasio could not get a fair trial in Monroe County.
Foti says all 23 grand jurors, when questioned by the prosecution, said they were familiar with Astacio. Foti’s motions had been denied in Monroe County Court.
"One of the things at stake of course in this case and for any attorney charged with a felon is their law license," Foti said. "It could be taken away if they are convicted of that felony. And so this defense relates to preventing a conviction, something that we truly believe she should not have been charged with. But there are collateral consequences if a conviction were to take place which would include the affect on her ability to practice law."
The judge set the trial for April 1. Astasio, however, is hoping the case is dismissed long before that.
Updated: January 29, 2019 12:15 PM
Created: January 29, 2019 04:43 AM
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