Judge Astacio denies violating probation

Rochester City Court Judge Leticia Astacio denied in court Thursday violating the terms of her probation and was ordered to return Aug. 24 for a hearing on the matter.

Court records allege that Astacio violated probation on the day she was released from jail in July, and committed two more violations in the days that followed.

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Astacio was sentenced to 60 days in jail and three years of probation in early July for violating the conditions of her drunken driving conviction. Her sentence also required her to abstain from alcohol and wear an ankle monitor that detects alcohol consumption. 

She was released from jail on July 13, having been given credit for time previously served.

Later that day, according to a delinquency report filed by her probation officer, Astacio initially failed to plug in the base unit for her ankle monitor, known as a SCRAM device. 

During the next two days, the monitor detected that she had consumed alcohol, measuring a peak blood alcohol content of .127 percent.

Astacio told a probation officer that she used a foot cream that contained alcohol. This, too, however, was a violation of her probation conditions, which stated that she would not use or possess any products containing alcohol.

Judge Stephen Aronson urged the prosecution and defense to discuss a plea deal before the hearing date and said he would make himself available to both sides for those negotiations. 

Aronson reminded the courtroom that a guilty plea could result in jail time or "any other sanctions the court might deem appropriate."

In response, prosecutor Chris Eaggleston offered a deal that would have Astacio remain on probation after completing an in-patient drug and alcohol treatment program in exchange for a guilty plea.

If Astacio were to not complete the treatment program, Eaggleston said, he would recommend she face the maximum sentence for a misdemeanor DWI, which is one year in jail.   

Astacio's lawyer, Mark Young, gave no indication of whether his client would take the deal.

He warned, though, that it may be difficult to find a treatment program willing to accept Astacio because two separate evaluations for alcohol dependency determined she did not need treatment.

"There's a lot for you to discuss, gentlemen," Aronson said. "We're going to give you time to do that."

DANDREATTA@Gannett.com