Suspended Rochester City Court Judge Leticia Astacio who allegedly tried to purchase a shotgun in violation of her probation appeared in Henrietta Town Court Wednesday. The judge decided the case will now go to a grand jury.

Suspended Rochester City Court Judge Leticia Astacio who allegedly tried to purchase a shotgun in violation of her probation appeared in Henrietta Town Court Wednesday.

The judge decided the case will now go to a grand jury.

Astacio is charged with attempted criminal purchase or disposal of a weapon, a class E felony. According to court paperwork, Astacio went to two Dick's Sporting Goods stores back in April and tried to buy a gun. She has been on probation in connection to a DWI conviction from August of 2016.

Wednesday, Astacio's defense attorney argued an unloaded shotgun does not meet the definition of a firearm or dangerous weapon as part of her probation conditions and asked for the charge to be dismissed. The judge denied that motion.

The Commission on Judicial Conduct decided to remove Astacio from the bench back in April and she appealed the decision. The New York State Court of Appeals in Albany will hear the case on Sept. 5.