Acting Erie County District Attorney Michael J. Flaherty, Jr. announces 28-year-old Robert Smith of 118 Gillette, Buffalo was arraigned before State Supreme Court Justice Christopher Burns on an indictment charging 2 counts of Criminal Sale of a Controlled Substance in the Third Degree, 3 counts of Criminal Possession of a Controlled Substance in the Third Degree and 2 counts of Criminal Use of Drug Paraphernalia in the Second Degree. 

The charges arose from a joint investigation between the New York State Police and the Amherst Police Department. On 1/26/16 and 2/8/16, the defendant sold fentanyl to an undercover officer from the New York State Police. Based on those fentanyl sales, a search warrant was obtained for the defendant's residence at 118 Gillette in Buffalo. 

On 2/17/16, police executed the search warrant. The defendant was present when the officers entered his residence. The police recovered 159 glassine envelopes of fentanyl that were packaged for sale, 2 scales, packaging materials and more than $6,400 in cash. 

Defendant has a prior violent felony conviction from 2005 for Burglary in the Second Degree in Niagara County. He also has misdemeanor convictions from 2013 for Driving While Intoxicated, Criminal Mischief in the Fourth Degree, Criminal Trespass in the Third Degree and Obstructing Governmental Administration in the Second Degree in Erie County.

Based on defendant's criminal history, his lengthy history of bench warrants and the facts of the present charges, the court set bail at $50,000 cash or bond. The defendant was taken into custody at the conclusion of his arraignment. 

Acting DA Flaherty commends the quick and thorough investigative work of the Amherst Police Department and the New York State Police on this arrest. 

Assistant District Attorney Paul Williams III is prosecuting the case. 

The instant charges are merely an accusation, and the defendant is presumed innocent unless and until proven guilty.