The case against suspended Rochester Judge Leticia Astacio -- accusing her of trying to buy a gun while on probation -- will go to a grand jury.
A Town judge in Henrietta refused to dismiss the charge of illegal purchase of a weapon against Astacio, although her lawyer, Mark Foti, says she didn't break the law. Foti says reading the conditions of her probation makes it clear trying to possess an unloaded weapon is not a violation.
But prosecutor Barry Porsch says it doesn't matter if the gun was loaded or not....what matters is the intent to purchase that Astacio demonstrated
A felony conviction could cause Astacio to lose her law license.
The judicial conduct commission has already recommended her removal from the bench, though her appeal is pending.