Lauren Pazienza appears at her arrignment in Manhattan Supreme Court...

Lauren Pazienza appears at her arrignment in Manhattan Supreme Court on May 19. Credit: Marcus Santos

A state court judge rejected on Tuesday an effort by Lauren Pazienza, the former Port Jefferson woman accused of shoving and killing a famous voice coach, to get out of jail while she awaits trial on manslaughter and assault charges.

After a hearing in New York State Supreme Court, Justice Ellen Biben declined to overturn a ruling by a different judge, which had effectively suspended a $500,000 bail package and ordered the 26-year-old Pazienza held without bail.

Pazienza pleaded not guilty in early May to an indictment charging her with manslaughter and assault in the death of well-known 87-year-old voice coach Barbara Gustern in March. State Supreme Court Justice Felicia Mennin ordered Pazienza back to jail in early May after prosecutors with the Manhattan District Attorney's Office argued she was a flight risk.

Biben said Tuesday that Mennin's earlier ruling had a "rational basis" when she focused on the risk that Pazienza might flee after she was indicted in the death of Gustern, voice coach to the likes of singer Debbie Harry and others.  Menin had ordered Pazienza held in jail pending trial despite her being free on the $500,000 bail.

Gustern died after suffering head injuries days after she was forcefully shoved by Pazienza on March 10 outside her Manhattan apartment.

Undated photo of Barbara Maier Gustern.

Undated photo of Barbara Maier Gustern. Credit: Gustern Family

In arguing that Pazienza should be released, defense attorney Jonh Leventhal, on Tuesday said that Mennin's finding that the defendant presented a risk of flight was unreasonable and that she didn't consider less restrictive measures such as electronic monitoring and a home curfew.

"Ms. Pazienza did not leave or attempt to leave the jurisdiction to evade apprehension in the 13 days between the crime and her arrest when she voluntarily surrendered," Leventhal told Biben.  "The actions of Ms. Pazienza rebut any argument that she is 'hiding out' to avoid apprehension. A person who is hiding out does not contact an attorney."

Leventhal, who said Pazienza was undergoing a mental health program at John T. Mather Memorial Hospital in Port Jefferson where she was receiving one-on-one counseling weekly, was likely intoxicated at the time of the incident, something that might negate the intent to commit first degree manslaughter. He also said manslaughter was too high a charge for the case.

But Biben said the fact that Mennin didn't have the benefit of full grand jury minutes, something which the defense argued showed that Pazienza wasn't a true flight risk, was something which prevented her from reviewing and overturning Mennin's canceling of the bail.

Outside court, Leventhal and his partners, Arthur Aidala and Barry Kamins,  said they planned to appeal Biben's ruling to the appellate division.

Pazienza's parents, grandmother and aunt were in court Tuesday but didn't speak outside the courtroom.

During the encounter, prosecutors alleged, Pazienza walked directly toward Gustern, called her a [expletive] and gave the woman a shove, which knocked her down.

The impact caused Gustern’s head to bleed, and Pazienza left without giving aid, officials said.

Police didn't immediately know who the suspect in the alleged attack was, except for some video images of the alleged assailant that depicted a woman with long dark hair and dressed in a dark coat.  NYPD investigators got an anonymous tip a few days later that Pazienza was hiding at her parents' home in Port Jefferson.

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