Two Defendants Indicted on Murder and Gun Charges

Modified: February 16, 2023 3:01pm

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UPDATE (2/16/2023): Marvin was acquitted of all charges following a jury trial. The case against the defendant was automatically sealed by operation of law.


Erie County District Attorney John J. Flynn announces that 31-year-old Cortez Foster and 22-year-old Naudia Marvin, both of Buffalo, were arraigned yesterday before Erie County Court Judge Sheila A. DiTullio on an indictment charging each defendant with the following offenses:

  • One count of Murder in the Second Degree (Class “A-I” felony)
  • One count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony)

 It is alleged that on March 14, 2021, at approximately 4:31 a.m., the defendants lured the victim to the 200 block of Johnson Street in the City of Buffalo. It is further alleged that the defendants, while acting in concert with one another, intentionally caused the death of the victim, 29-year-old Marcus Spain, by shooting him with an illegal firearm as he was seated inside of his vehicle on Johnson Street. The victim was taken to ECMC where he later died.

Foster and Marvin were remanded without bail. A return court date has not been scheduled at this time.

If convicted of all charges, both defendants face a maximum of 25 years to life in prison.         

DA Flynn commends Detectives Scott Malec and Mark White of the Buffalo Police Department Homicide Unit for their work in the investigation.  

The case is being prosecuted by Assistant District Attorney Eugene T. Partridge, III of the Homicide Unit.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.