The document, filed Jan. 20, 2017, accuses Rochester City Court Judge Leticia Astacio of violating the terms of her DWI sentence again. This time, prosecutors allege she was drinking in a bar at Marketplace Mall and at a drinking party in Rochester.
The document, filed Jan. 20, 2017, accuses Rochester City Court Judge Leticia Astacio of violating the terms of her DWI sentence again. This time, prosecutors allege she was drinking in a bar at Marketplace Mall and at a drinking party in Rochester.
The document, filed Jan. 20, 2017, accuses Rochester City Court Judge Leticia Astacio of violating the terms of her DWI sentence again. This time, prosecutors allege she was drinking in a bar at Marketplace Mall and at a drinking party in Rochester.
STATE OF NEW YORK COUNTY OF MONROE s 8
CITY COURT CITY OF ROCHESTER Je
Log S
‘THE PEOPLE OF THE STATE OF NEW YORK :
vs. DECLARATION OF
DELINQUENCY
LETICIA D. ASTACIO, Case #: 16-1645
TID-16-159
Defendant.
On or about August 22, 2016, the above-referenced defendant LETICIA D. ASTACIO
‘was convicted of the misdemeanor erime of Driving While Intoxicated, in violation of NYS VTL
§ 1192G). The defendant was sentenced to a one year Conditional Discharge, one condition of
which was that the defendant was required to abstain from the consumption of alcohol, and
anothet condition of which was that the defendant was required to avoid violating any state law.
On October 11, 2016 and on November 16, 2016 the defendant was arraigned on Declarations of
Delinquency. On November 16, 2016 the defendant admitted to violating the terms of her
conditional discharge. A third, and additional, sentence delinquency is alleged as follows:
This Court has reasonable cause to believe that the defendant violated a condition of her
sentence on or about November 20, 2016 at 12:00 a.m., in that the was observed to be
intoxicated at a restaurant at Marketplace Mall in Henrietta, NY, in violation of that part of her
sentence requiring her to abstain from the consumption of alcohol as described in the attached
deposition (Exhibit 1).
This Court has further reasonable cause to believe that the defendant violated a condition
of her sentence on or about November 20, 2016 at 12:00 a.m., in that she was observed to be in
an employees-only area of a restaurant at Marketplace Mall in Henrietta, NY, specifically an
employee restroom at Papaya Asian Kitchen & Bar and refused to leave the area when instructed
by employees of the restaurant and a security officer, in violation of that part of her sentence
requiring her to avoid violating any state law, said conduct constituting the offense of Trespass in
violation of § 140.05 of the Penal Law of the State of New York as described in the attached
deposition (Exhibit 1).
‘This court has further reasonable cause to believe that the defendant violated a condition
of her sentence on or about November 24, 2016, in that the defendant consumed alcohol at $10
State Street, Rochester NY, in violation of that part of her sentence requiring her to abstain from
the consumption of alcohol as depicted in the attached photographs (Exhibit 2)
Wherefore, it is hereby:
ORDERED that the Defendant is declared delinquent, and it is further
ORDERED that, to enable the Const to make a final determination with respect to the
Defendant's delinquency:x Written notice requiring the Defendant to appear before this Court on
PAE F_,2017 at 9:39 Am)’ p.m. be (mailed to the) (served personally upon) the
defendant, oF
(A warrant be issued directing a peace officer or appropriate police officer to take the
defendant into custody and bring him/her before the Court.EXHIBIT 1THE PEOPLE OF THE STATE OF NEW YORK
SUPPORTING DEPOSITION (CPL § 100.20)
8 NEW
New | State
ee eee coe STATE | Police
OO EFENDANTCS 7
LOCATION OF INCIDENT:
LOCATION OF DEPOSITION:
STATE OF NEWYORK, LOCAL CRIMINAL COURT ‘STATE OF NEWYORK
COUNTY OF Monroe | county oF __ Monroe
Town __ OF Henrietta |__town _ oF chil
[oa aie TART uae
on|. tvaene. | at | 1540 | 1, Alan 8. Pimm (10/14/59),
state the following to NewYork State Police Investigator David Cerretto, while at my residence of 14 Iva Mae Drive in the
Town of Chil. 'm currently employed by E & T Reliant Se
provide security at Papaya Asian kitchen & Bar. | was am
location from approximately 9:45 pm to 2:18 am. Through
customers behavior along with my co-workers. At approxi
stated there were multiple females in the employee bathro
‘mentioned bathroom and knocked on the door. A
curity as a Supervisor. On 11/19/2016 E & T was hired to
‘ong one of the three security staff at the location. | was at the
‘out the evening | was stationed at the bar to observed
imately midnight, | was approached by a female server. She
om that refused to leave. | subsequently walked over to
female opened the door and | directed all the females to exit. The
female then attempted to close the door on me. I made entry to the bathroom and again directed all to leave. No one
complied, so | pulled out my pepper spray and again direct
stated, "you can't spray me,
of balance. | had previous knowledge of the female, who i
both attend the same YMCA in the Town of Gates, NY. 1
‘mentioned in the media for being arrested for driving while
bathroom without me spraying my pepper spray. After she exited
‘and her and continued to pay close attention to Judge Astacio. | ot
friends around her to maintain balance. | did not detect any alcoholic beverage from her breath,
I'ma judge’. At that point | could
ed all to leave the bathroom. That's when one of the females
tell she was intoxicated, due to her slurred speech and lack
identified herself as a judge. Her name is Judge Astacio. We
also know of her because she has been continuously
intoxicated. Judge Astacio and her friends finally exited the
the bathroom, | stood approximately 10 feet away from
served Judge Astacio to sway side to side and use her
because I wasn't able to
get close enough to her and speak with her one on one. She ended leaving the location without any further incident.
Ihave been a seourity guard for approximately 20
‘years. Ihave worked security at several locations including
places that serve alcohol. | watch people and determine weather or not they are intoxicated, and if they can continue to
stay and follow rules at the location. Even thou I did not observe Judge Astacio consume any alcoholic beverage, |
drew the conclusion that she was intoxicated,
f rare
| (Penal Law See. 210.45
In a writen inetrument, ary person who knowingly makes 2 flee stat
Under the lve ofthe stato of New York punisha
Affirmed under penalty of perjury
This gh pay or Movember 2016
* Subscribed and swom to before me
This ___Dayof 2016
"This term need be vor oor whan speccayrequredby te cout
iement whieh
ola a fap be omnia are
x
OIE eee
NYSP Inv. David A.
Cerretto #378
"PEREGH TARNSDEPOETICN)EXHIBIT 2