Judge Leticia Astacio’s appeal to overturn her probation sentence was turned down on Friday. Ontario County Court Judge William Kocher ruled that probation was an appropriate sentence for the Rochester City Court Judge’s drunken driving case.
This was the second time this week Judge Astacio lost an appeal in the string of cases involving her DWI case. Judge Stephen Aronson threw out a string of motions seeking to overturn her conviction back in August.
Judge Kocher’s decision dealt with whether probation was an appropriate sentence for Astacio after she was found to have violated the terms of her conditional discharge from her conviction.
Astacio’s lawyer argued that she wasn’t given adequate notice that she was required to take a drug test and appear in court earlier this year. That’s the test Astacio missed because she was in Thailand. Judge Aronson sent her to jail when she returned to the U.S.A.
Judge Kocher’s ruling says Astacio’s voluntary departure from the country isn’t an excuse for failing to submit to required testing.