Porsch argues Astacio gun case in Rochester Court

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Lawyers for former City Court Judge Leticia Astacio argued Thursday that criminal charges against her should be dismissed.

Attorney Mark Foti said there were so many legal issues with the case that he was compelled to file a “significant number” of motions to dismiss.

“I think what we have is a case where there was, first and foremost, an objective to charge her with something,” Foti said. “When that’s the objective… you end up developing a charge that is not really consistent with the law, and that results in a significant number of challenges to the legality of what was done here.”

Among the arguments were questions about whether an unloaded shotgun met the legal definition of a “dangerous weapon,” and whether Astacio’s actions met the legal standard for attempting a purchase.

Ontario County Judge William Kocher said that Foti’s paperwork — more than 150 pages — was “the most voluminous I’ve ever received in my career.”

Astacio was indicted by a grand jury in September on the charge of attempted criminal purchase or disposal of a weapon, a felony. She was arrested and charged in April after being accused of trying to purchase a shotgun at Dick’s Sporting Goods in Henrietta.

The former city court judge remains on probation for her drunken driving conviction, stemming from a February 2016 incident. The terms of Astacio’s probation prohibit her from “possessing a firearm, dangerous weapon, or noxious substance.”

Foti and prosecutor Barry Porsch sparred over whether or not an unloaded shotgun met the legal definition of a dangerous weapon.

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