Jury Finds Defendant Guilty of Murder and Gun Charges

Modified: February 16, 2023 2:56pm

Latest News

Redirecting to our new, updated website ...
2/16/2023

Erie County District Attorney John J. Flynn announces that a jury has found 32-year-old Cortez Foster of Buffalo 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). Jurors rendered their decision yesterday afternoon after approximately 2 ½ hours of deliberation following a five-day trial, convicting the defendant of all charges in the indictment against him.

On March 14, 2021, at approximately 4:31 a.m., the defendant approached the victim who was sitting inside of a vehicle parked on the 200 block of Johnson Street in the City of Buffalo. The defendant intentionally fired multiple shots at the victim with an illegal gun. The victim, 29-year-old Marcus Spain, was taken by ambulance to ECMC where he later died.

Foster faces a maximum of 25 years to life in prison when he is sentenced before Erie County Court Judge Suzanne Maxwell Barnes on Thursday, April 13, 2023 at 9:30 a.m. He continues to be held without bail.

A co-defendant, who was indicted as an accomplice to the crime, was acquitted of the charges and the case was automatically sealed by operation of law.

DA Flynn commends Detective Scott Malec and Detective Mark White of the Buffalo Police Department for their work in this investigation.  

The case was prosecuted by Assistant District Attorney Eugene T. Partridge, III of the Homicide Unit and Assistant District Attorney Timothy J. Garvin of the Narcotics/Intelligence Unit.