Judge Astacio denied motions to appeal in ruling
Rochester, N.Y. (WHAM) - A ruling issued Wednesday denied all appeals filed by Judge Leticia Astacio to vacate the terms of her original DWI sentence.
In a motion filed last month, Astacio contended that her sentence of a one-year conditional discharge should be vacated on the grounds that her conviction was "unlawful." She filed a 40-page appeal to that effect.
On Tuesday, a 26-page briefing written by Judge Stephen Aronson was released, stating Astacio "signed the orders of conditional discharge indicating she was aware of the terms and conditions." Thus, the motion to dismiss that was denied.
The motion to dismiss in furtherance of justice was denied because it had to have been filed within 45 days of the judgement. That judgement was made on August 22, 2016.
Astacio claimed she was not given a written copy of the probation conditions at the time her sentence was handed down, but said in her argument to the judge that "the sentence was 'illegal' because there were 'inconsistencies' between the conditions stated on the record at sentencing and the conditions she was presented on her release from jail."
Judge Aronson, in response, said in his ruling that Astacio has "never acknowledged responsibility for her behaviors. She has demonstrated an utter lack of respect for any and all authorities, as evidenced by her multiple violations.
All other motions were found to be without merit and were subsequently denied.
The denial comes after 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.
Regardless of the plea deal, Astacio will serve out the rest of her probation.
Ontario County District Attorney Zach Maurer said the only appeal left pending is the one filed with Judge Kocher, regarding her sentence of three years of probation for violating her original sentence of the conditional discharge.
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.