BUFFALO, N.Y. — A Buffalo man has been sentenced for a 2021 homicide the occured on Johnson Street.
Cortez Foster, 33, was sentenced to 40 years to life in prison. In February, Foster was found guilty of one count of murder in the second degree (class “A-I” felony) and one count of criminal possession of a weapon in the second degree (class “C” violent felony). Foster was sentenced as a second felony offender.
In March 2021 around 4 a.m., Foster walked up to a vehicle 29-year-old Marcus Spain was sitting in on the 200 block of Johnson Street. Foster then shot the victim with an illegal gun.
Spain was taken to ECMC where he died from his injuries.
Foster also pleaded guilty to one count of criminal possession of a controlled substance in the third degree (class “B” felony) and one count of resisting arrest in a separate case.
Police officers discovered marijuana and over a half an ounce of fentanyl in the glovebox of his car during a traffic stop. When officers attempted to arrest Foster he tried to flee. Officers were able to subdue him and take him into custody.
Foster faces a maximum of 15 years in prison when he is sentenced on May 12.
