Yonkers Attorney Charged, Remanded To Jail Over Harassment Of Westchester County Judge: DA

YONKERS, NY — An officer of the court is accused of outrageous and threatening behavior directed at a judge who presided over a volatile custody battle involving his children.

Westchester County District Attorney Susan Cacace announced that a Yonkers attorney, with active registration status, was arrested and charged with felony aggravated harassment, after allegedly sending threatening messages to acting state Supreme Court Justice Susan M. Capeci.

The district attorney said that 57-year-old Nicholas Leo was arraigned Friday afternoon before White Plains City Court Judge John P. Collins Jr., and was remanded to the Westchester County Jail pending further proceedings. Judge Collins also issued a temporary order of protection on behalf of Justice Capeci.

Leo is scheduled to return to court on June 18.

"At a time of increasing threats to members of the judiciary, the defendant's alleged conduct is especially alarming," Cacace said. "As U.S. Supreme Court Chief Justice John Roberts observed in his 2024 report on the federal judiciary, 'violence, intimidation, and defiance directed at judges because of their work undermine our republic, and are wholly unacceptable.' We must never allow this type of conduct to become normalized. The sanctity of our legal process demands nothing less."

Justice Capeci presides over Westchester County's Integrated Domestic Violence court. Leo, who was a litigant before Justice Capeci in criminal and matrimonial proceedings, is accused of sending her threatening electronic messages.

According to the felony complaint, a message from Leo dated May 27 said, "I’m going to beat you."

In a message from May 30, he allegedly said, "I wish you die tonight in a car fire."

On June 11, a message from Leo allegedly said, "I warned you month after month after month. If you take my kids from me for no reason, which you did, it's not gonna go well," and "I hope you die."

The investigation was conducted by the Westchester County District Attorney's Office.