STATE OF NEW YORK COUNTY OF MONROE s 8 CITY COURT CITY OF ROCHESTER Je Log S ‘THE PEOPLE OF THE STATE OF NEW YORK : vs. DECLARATION OF DELINQUENCY LETICIA D. ASTACIO, Case #: 16-1645 TID-16-159 Defendant. On or about August 22, 2016, the above-referenced defendant LETICIA D. ASTACIO ‘was convicted of the misdemeanor erime of Driving While Intoxicated, in violation of NYS VTL § 1192G). The defendant was sentenced to a one year Conditional Discharge, one condition of which was that the defendant was required to abstain from the consumption of alcohol, and anothet condition of which was that the defendant was required to avoid violating any state law. On October 11, 2016 and on November 16, 2016 the defendant was arraigned on Declarations of Delinquency. On November 16, 2016 the defendant admitted to violating the terms of her conditional discharge. A third, and additional, sentence delinquency is alleged as follows: This Court has reasonable cause to believe that the defendant violated a condition of her sentence on or about November 20, 2016 at 12:00 a.m., in that the was observed to be intoxicated at a restaurant at Marketplace Mall in Henrietta, NY, in violation of that part of her sentence requiring her to abstain from the consumption of alcohol as described in the attached deposition (Exhibit 1). This Court has further reasonable cause to believe that the defendant violated a condition of her sentence on or about November 20, 2016 at 12:00 a.m., in that she was observed to be in an employees-only area of a restaurant at Marketplace Mall in Henrietta, NY, specifically an employee restroom at Papaya Asian Kitchen & Bar and refused to leave the area when instructed by employees of the restaurant and a security officer, in violation of that part of her sentence requiring her to avoid violating any state law, said conduct constituting the offense of Trespass in violation of § 140.05 of the Penal Law of the State of New York as described in the attached deposition (Exhibit 1). ‘This court has further reasonable cause to believe that the defendant violated a condition of her sentence on or about November 24, 2016, in that the defendant consumed alcohol at $10 State Street, Rochester NY, in violation of that part of her sentence requiring her to abstain from the consumption of alcohol as depicted in the attached photographs (Exhibit 2) Wherefore, it is hereby: ORDERED that the Defendant is declared delinquent, and it is further ORDERED that, to enable the Const to make a final determination with respect to the Defendant's delinquency:x Written notice requiring the Defendant to appear before this Court on PAE F_,2017 at 9:39 Am)’ p.m. be (mailed to the) (served personally upon) the defendant, oF (A warrant be issued directing a peace officer or appropriate police officer to take the defendant into custody and bring him/her before the Court.EXHIBIT 1THE PEOPLE OF THE STATE OF NEW YORK SUPPORTING DEPOSITION (CPL § 100.20) 8 NEW New | State ee eee coe STATE | Police OO EFENDANTCS 7 LOCATION OF INCIDENT: LOCATION OF DEPOSITION: STATE OF NEWYORK, LOCAL CRIMINAL COURT ‘STATE OF NEWYORK COUNTY OF Monroe | county oF __ Monroe Town __ OF Henrietta |__town _ oF chil [oa aie TART uae on|. tvaene. | at | 1540 | 1, Alan 8. Pimm (10/14/59), state the following to NewYork State Police Investigator David Cerretto, while at my residence of 14 Iva Mae Drive in the Town of Chil. 'm currently employed by E & T Reliant Se provide security at Papaya Asian kitchen & Bar. | was am location from approximately 9:45 pm to 2:18 am. Through customers behavior along with my co-workers. At approxi stated there were multiple females in the employee bathro ‘mentioned bathroom and knocked on the door. A curity as a Supervisor. On 11/19/2016 E & T was hired to ‘ong one of the three security staff at the location. | was at the ‘out the evening | was stationed at the bar to observed imately midnight, | was approached by a female server. She om that refused to leave. | subsequently walked over to female opened the door and | directed all the females to exit. The female then attempted to close the door on me. I made entry to the bathroom and again directed all to leave. No one complied, so | pulled out my pepper spray and again direct stated, "you can't spray me, of balance. | had previous knowledge of the female, who i both attend the same YMCA in the Town of Gates, NY. 1 ‘mentioned in the media for being arrested for driving while bathroom without me spraying my pepper spray. After she exited ‘and her and continued to pay close attention to Judge Astacio. | ot friends around her to maintain balance. | did not detect any alcoholic beverage from her breath, I'ma judge’. At that point | could ed all to leave the bathroom. That's when one of the females tell she was intoxicated, due to her slurred speech and lack identified herself as a judge. Her name is Judge Astacio. We also know of her because she has been continuously intoxicated. Judge Astacio and her friends finally exited the the bathroom, | stood approximately 10 feet away from served Judge Astacio to sway side to side and use her because I wasn't able to get close enough to her and speak with her one on one. She ended leaving the location without any further incident. Ihave been a seourity guard for approximately 20 ‘years. Ihave worked security at several locations including places that serve alcohol. | watch people and determine weather or not they are intoxicated, and if they can continue to stay and follow rules at the location. Even thou I did not observe Judge Astacio consume any alcoholic beverage, | drew the conclusion that she was intoxicated, f rare | (Penal Law See. 210.45 In a writen inetrument, ary person who knowingly makes 2 flee stat Under the lve ofthe stato of New York punisha Affirmed under penalty of perjury This gh pay or Movember 2016 * Subscribed and swom to before me This ___Dayof 2016 "This term need be vor oor whan speccayrequredby te cout iement whieh ola a fap be omnia are x OIE eee NYSP Inv. David A. Cerretto #378 "PEREGH TARNSDEPOETICN)EXHIBIT 2