Former Rochester City Court Judge Leticia Astacio appeared in a Syracuse courtroom Tuesday for a pre-trial hearing after her trial was moved to Syracuse after an appellate court judge granted her a rare change in venue.
Astacio is to answer to a felony weapons count. Police say she tried to buy a shotgun from a Henrietta sporting goods store.
It's a count her defense argued could not be heard in a Monroe County court and should not be considered by the courts.
The earlier ruling found Astacio could not get a fair and impartial jury in Monroe County. Astacio attorney Mark Foti told reporters after Tuesday's hearing that after surveying all 23 members of a Monroe County grand jury to hear Astacio case, each member of the panel had heard of Astacio. Foti argued it was evidence she could not get an impartial jury to consider any part of her case in Rochester.
Tuesday, Judge Gordon Cuffy set Astacio's trial date for April 1. He also allowed Foti to enter seven motions to the court that could lead to the case against Astacio being thrown out. Judge Cuffy will hear those motions from the defense February 22.
Foti says he will continue to work to ensure Astacio will be able to continue practicing law. She could lose her law license if convited of the felony weapon count.
"This defense relates to preventing a conviction for something we truly believe she should not have been charged with," Foti said. "There are collateral consequences if a conviction were to take place which would include an affect on her ability to practice law."
Astacio has been in and out of court, and local headlines, since her initial DWI conviction back in 2016.
Astacio was removed from the bench in October.