Judge to consider Astacio probation status after Friday hearing

Rochester, N.Y. (WHAM) - Judge Leticia Astacio is scheduled to be in court Friday regarding a 40-page appeal on the violation of her conditional discharge and probation.

Attorneys for the embattled Rochester City Court judge filed arguments with Judge William Kocher last month about the legality of her probation.

The question stems from the Astacio's sentencing back in June. After Astacio served 60 days in jail in June, she was released from jail. At her release, she was put on probation and ordered to wear the ankle monitor. She now says adding probation to that sentence was against the law.

On November 13, Astacio pleaded guilty to one of the eight alleged probation violations filed against her. The single guilty plea satisfied all of the violations that she faced. She was sentenced to time served and was released from jail.

Astacio filed an appeal based on Judge Aronson’s findings that she violated her conditional discharge when she didn’t take a chemical test and missed her May 30 court date because she was in Thailand living with monks.

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In court Friday, defense attorneys brought up 12 points, including claims that Astacio did not know the terms of her probation sentencing, not learning of the terms, and signing off on them until she was released from jail on July 13.

“When someone is sentenced to probation that they must be notified of the terms by the court and in writing," said Bridget Field, re-hired by Astacio after fired the legal team in October. "Neither one of those facts happened in this case.”

The prosecution doesn't agree.

“I don’t believe there are any valid points in the appeal," said Zach Maurer, Ontario County Assistant District Attorney. "We would anticipate that the courts would find our argument persuasive and deny the appeal.”

Judge Kocher will make his decision on whether to grant Astacio’s appeal within the next 10 days. If denied, Astacio will serve out the rest of her probation.

Astacio continues to receive her $174,000 salary as an elected judge. The New York State Judicial Commission met twice in the last two months, but has not issued any indication as to whether or not they discussed Astacio's standing on the bench.

13WHAM News will continue to update this story as more information becomes available.