ROCHESTER, N.Y. — The attorney for suspended Rochester City Court judge Leticia Astacio says three pending probation violations against her are being dropped.

According to Astacio's attorney Mark Foti, a hearing on the violations scheduled for this week has been canceled. 

She is still charged with felony attempted criminal purchase of a weapon while on probation after her conviction for DWI. 

It all stems from the arrest and conviction for driving while intoxicated.

Violations of the conditional discharge led to the three year probation sentence.  Astacio recently attempted to purchase a shotgun at a Dick's Sporting Goods store.  Her attorney confirms the incident, but says his client did not break the law. 

"The question is whether she was prohibited to possess or purchase an unloaded shotgun and in order for her to be prohibited to possess or purchase an unloaded shotgun, the conditions of probation would have had to say that and they did not say that.  They said other things that people had misinterpreted but the law is very clear on what the terms of probation are, and they don’t include an unloaded shot gun,” said Foti. 

Astacio is still appealing her removal from the bench which was recommended by the Commission for Judicial Conduct.

She remains suspended with pay.