MONROE COUNTY OFFICE OF PROBATION ~ COMMUNITY CORRECTIONS,
CONDITIONAL DISCHARGE / PROBATION S/T
IGNITION INTERLOCK
NOTIFICATION TO COURT AND DISTRICT ATTORNE!
16-16465
SENTENCING COURT AND DISTRICT ATTORNEY ARE TO BE NOTIFIED WITHIN 8 BUSINESS DAY'S OF ALLEGED VIOLATIONS) BECOMING Kd
ToDGE TERRDANTEAH TR wa |
Stephen D, Aronson Astcio Leticia.
[oor ROW .
Canandaigua City Court __| Monroe County Office of Probation ~ Community Corrections
CoIRTY
Monroe
DEFENDANT WAS: |
CONVICTED OF VTLL10263 UMODrving Whe Inout tt nee AS A MISDEMEANOR
SENTENCED TO 4 CONDITIONAL DISCHARGE ON owv222016 FOR ONE YEARS)
gy muzuonorams —_Stephen D. Aronson_ : Canandaigua City Court
| SPRCIAL CONDITIONS RELATED TO TGRTTION INTERLOGK
12. mo. IID requirement
[ THE MONITORING AGENT ALLEGES THAT THERE IS WEASONADIE CAUSE TO BELIEVE THAT THE ABOVE
OF SENTENCE AS FOLLOWS:
O_ FAILED To HAVE IGNITION INTERLOCK DEVICE INSTALLED ON REQUIRED VEHICLEGS).
DFAILED To COMPLY WITH A SERVICE VIStT REQUIREMENT.
DA DEVICE REPORT INDICATES POSSIBLE TAMPERING WITH OR CIRCUMVENTION OF THE IGNITION tTERLOCE
DEVICE O8 AN ATTEMPT THEREOF
1 ADEVICE REPORT INDICATES THAT LOCK.OUF MODE WAS ENTERED,
[A DEVICE REPORT INDICATES 4 FAILED TEST Ct RE-TEST WHERE THE BAC WAS OS%0R HIGHER
D. MioLyrep oTHER CONDITIONS OF THE SENTENCE
DETAILS OF ALLEGED VIOLATIONS
Per Smart Start report: On 4/29/17, at 12:30 p.tn., the ID registered a failed a start-up test with a BAC of .061
There is no one pictured in the vehicle providing the sample, which wonld indicate that someone is providing the
sample off camera. At 12:35 p.m., the IID registers a passing start-up re-test with a BAC of .000. A young
woman, presumably the offender's daughter, is pictured blowing into the device and in all subsequent pictures for
the rest of the day. See attached documents.
D1 conmiven ov arricHeo ruse
DPOA-133CR ID
MMcoP8051
ND Notication to Court
(081082010 Rev. 82016‘TCTIONGS) TAKEN BY MONTTORING ACTRORITY
Notice sent to court and ADA.
G conraiwan ow arracsen pace
MONITORING AUTIIORITY RECOMMENDATION TO COURT,
DIRECTION BY COURT
O) HeaRve REGARDINaSENTENCE SraTUS
3 RucoseveNDeD couRT DATE |
[1 _AWatr ADUDICATION ON NEW CHARGES BEFORE TAKING FURTHER ACTION 1 sooRDERED
7 SEND DEFENTANT ‘NOTICE TO APPEAR” IN COURT FOR fi Sammon
ARRAIGNMENT AS VIOLATOR CO one pavzpRecenay
ouRT:
| As there is no one pictured for the .061 start-up BAC, no further action is
| recommended at this time.
|
3. DD. ISSUE WARRANT FOR DEFENDANT 1 soorpeReD
[2B OnER RECONATENDATION: [one
SBNT
Py ordered
Atrmern
Shr
Cty hi— san
SIGNATURE OF SUPERVISOR Guy Smid, srrneererecan T
/) Rabin 0. Cees Ihr
PRINT NAME OF JUDGE
Stephen D. Aronson
DPCAL1990R-ID
tcOPE051
11D = Natfication to Court
0809/2010 Rev. 82016STATE OF NEW YORK
CANANDAIGUA CITY COURT
2 NORTH MAIN STREET
CANANDAIGUA, NY 14424
Phone - 585-412-5170
Fax - 585-412-5172 201
HON, STEPHEN D. ARONSON That LISA GARDNER
lye wsge ‘ro
‘arty eur 96
HON, JOHN A. SCHUPPENHAUER
Pein ty Ca pe
May 15, 2017
V. Christopher Eaggleston, Esq. Edward L. Fiandach, Esq,
Ontario County Courthouse 100 Allens Creek Road
27N. Main Street Rochester, NY 14618
Canandaigua, NY 14424
Re: People v. Astacio
Gentlemen:
I recently received the enclosed notice of violation of the defendant's IID requirements
The monitor recommended “no further action,” and I signed off on his recommendation.
However, the violation paperwork is concerning to me for obvious reasons. I expect that
precautions will be taken to ensure that the breath sample will be given by a person who
can be pictured blowing into the IID device.
In addition, please be advised that in view of my concerns, I intend to enforce the
provision of the conditional discharge requiring the defendant to submit to tests for
alcohol use. The defendant will hereafter be called upon to submit to random testing. As
such tests are not performed at the Hall of Justice or at Probation (for persons subject only
toa conditional discharge), I would require the defendant to submit to an Big lab analysis
of her urine sample through her personal health care provider or through a drug testing
service in Monroe County. I would direct that this testing be done immediately and that a
lab report be provided to me by Mr. Fiandach.
Very truly yours,
Pela
tephen D. Aronson
Hon.
enc.
coxbtgene Crimi, Chief Clerk, Rochester City Court
Guy Smith, IID Monitor, Monroe County Probation Dept.