Astacio court documents show she is charged with 3 probation violations

Democrat and Chronicle

When Rochester City Court Judge Leticia Astacio was sentenced to probation for violating the conditions of her drunken driving conviction, her lawyer indicated she would not comply.

"She is not willing to do probation," her attorney, Mark Young, told the judge. "She will violate probation the moment you put her on probation."

Court records now allege that Astacio violated the terms of her probation on the day she was released from jail, 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 July for violating the conditions of her DWI 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 last week, 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 in fact consumed alcohol, measuring a peak blood alcohol content of .127 percent. The legal limit in New York is .08 percent.

A reading of .127 means .127 percent of a person's bloodstream is composed of alcohol. At that level, the typical person would experience a clear deterioration of reaction time and control, slurred speech and poor coordination, according to the National Highway Traffic Safety Administration.

The failure to activate the unit and the subsequent BAC reading were both violations of the conditions of Astacio's probation. She is not allowed to consume any alcohol as part of her probation.

According to the report, Astacio told a probation officer on July 18 that she used a foot cream that contained alcohol. This, too, was a violation of her probation conditions, which stated that she would not use or possess any products containing alcohol.

The Boscia Foot Peel that Astacio said she used retails for $20 at Sephora. Water and alcohol are the two main ingredients.

City Court Judge Stephen Aronson, who has presided over most of Astacio's tumultuous case, ordered her to appear in court at 11 a.m. Thursday to answer the charges.

SLAHMAN@Gannett.com

Includes reporting by staff writer David Andreatta

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