By Associated Press - Monday, October 1, 2018

ROCHESTER, N.Y. (AP) - The lawyer for a New York judge who was indicted on weapons charges says he plans to challenge the constitutionality of the charges.

Rochester City Court Judge Leticia Astacio’s attorney Mark Foti tells WHEC-TV he is disappointed in his client’s indictment, which he says is inconsistent with the law. Astacio was scheduled to be arraigned Monday.

Astacio was indicted on the felony weapons charge in September. She is accused of trying to purchase a shotgun at a sporting goods store in Henrietta while she was on probation for a drunken driving conviction.

Astacio has been suspended with pay.

The Commission on Judicial Conduct previously recommended Astacio be removed. She has appealed the decision, and New York’s highest court is reviewing the case.

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