Editor's Note: Live stream from the New York State of Appeals is available below the story.
ROCHESTER, N.Y. — Leticia Astacio is preparing to have her case heard by the New York Appellate Court in Albany Wednesday.
The embattled Rochester City Court judge will appeal a decision made by the Judicial Conduct Commission, removing her from the bench.
“My interactions with her as well as knowing the case and the details of the case, my position is that she should be allowed to continue as city court judge, “ said Leticia Astacio’s attorney, Mark Foti.
Her other attorney Bob Julian will represent her Wednesday.
Astacio has been in and out of court since 2016 after she was convicted on a DWI charge.
“Consistently, all the random testing has suggested that she has not been drinking and that she has not been engaging in the use of alcohol,” said Foti.
Astacio is currently suspended with pay.
That decision was upheld by the court of appeals following Astacio’s arrest in April on a felony gun charge.
She has been accused of violating her probation and attempting to buy a shot gun from a Dick's Sporting Goods in Henrietta.
Foti has been her attorney in the gun case since the beginning.
“If you read the definitions of the law, which are very clear, an unloaded shotgun does not fall in the categories of what was prohibited,” Foti said.
Under Astacio’s probationary terms, she is restricted from possessing a firearm, dangerous weapon, or noxious substance. Foti said those probation violations in connection to the felony gun charge have been dropped because of a lack of evidence.
A grand jury will decide whether to indict her on felony attempted criminal purchase of a weapon.
“I know how committed she is to the job and I think if she is given the opportunity she’ll do the best she possibly can,” said Foti.
Seven judges will hear Astacio’s case Wednesday in the New York State Court of Appeals.
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