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Judge Astacio's gun case headed to grand jury

HENRIETTA, NY (WROC) - A court hearing for Judge Astacio on Wednesday was waived as the case moves from Henrietta Town Court to a grand jury.

The case relates to Astacio's recent arrest in early April. In court papers, deputies said she attempted to buy a shotgun at two Dick's Sporting Goods locations. We're told, under the terms of her probation, the judge is restricted from owning weapons.

Dick's employees denied the sale, telling investigators the judge seemed distraught. Deputies were called to the store and, days later, Astacio was charged with attempted criminal purchase or disposal of a weapon -- a felony.

With the felony charge, Judge Astacio faces serious consequences that could include her losing her license to practice law.

"It is certainly the case that there is a lot at stake based on the level of charge here," says Mark Foti, Astacio's attorney. "Which makes it all the more important that everybody follows the law that's involved in this process. And to follow the law, they have to review the conditions of probation and the definitions of what those terms mean in the penal law and follow the rules that have been set in New York state for a very long time."

As this case goes on, Astacio is also facing removal as a judge by the state Commission on Judicial Conduct.

The judge has faced a number of violations and jail time following her conviction on driving while intoxicated in 2016. Currently, she has been suspending with pay by the Court of Appeals.

Astacio is appealing the ruling by the judicial commission. Oral arguments in that case is set to be heard in September.

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