Michael Petucci, left, stands next to attorney Jonathan Cohn during Petucci's arraignment in City of Little Falls Court, N.Y., on Jan. 8, last year. Photo: WKTV

The New York State Commission on Judicial Conduct has censured an upstate town court judge who crashed his car into the side of an abandoned building while drunk.

According to a written determination made public Monday, Justice Michael A. Petucci of Herkimer Town Court had consumed at least five drinks before the crash in December 2018. Petucci, who is not an attorney, was also "belligerent" with responding officers and refused to undergo a series of field sobriety tests, the commission's report said.

Though he is licensed to carry a firearm, the commission found that Petucci "exercised extremely poor judgment" in also carrying a loaded handgun with another full magazine of ammunition at the time of the incident.

Petucci pleaded guilty to driving while ability impaired by alcohol and voluntarily participated in alcohol counseling. The Office of Court Administration had suspended Petucci while the disciplinary proceeding against him was still pending.

"Judge Petucci made a grave mistake by drinking to excess and driving. He was lucky not to harm himself or others when he crashed into a building," Commission Administrator Robert H. Tembeckjian said in a statement. "He compounded his wrongdoing by carrying a loaded gun while his faculties were so impaired."

An attorney for Petucci declined to comment Monday.

Petucci, who has served as a Herkimer town justice since 2008, was reelected to his post last year. His term is set to expire in December 2023.

According to the commission's findings, Petucci had been drinking for at least three hours before he lost control of his vehicle and crashed into the side of a former Kmart building on South Washington Street in Herkimer.

The report found that Petucci was yelling obscenities at responding officers, and even asked a paramedic on the scene to arrest Herkimer Police Sgt. John Scholl. When asked to submit a roadside breath test, Petucci reportedly responded to Scholl: "No, f— you."

According to the report, Petucci has since apologized to Scholl. The judge said he had no recollection of being confrontational with the officers but did not dispute their account.

There was no evidence that he invoked his judicial position when interacting with officers.

"It is the responsibility of every judge to act at all times in a manner that promotes public confidence in the integrity of the judiciary and to avoid conduct that detracts from the dignity of judicial office," the commission said.

"His unlawful and reckless conduct endangered public safety and brought the judiciary into disrepute," it said.

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