A man who already is serving a prison sentence on a murder conviction has been handed an additional sentence for his guilty plea in a drug case, Erie County District Attorney John J. Flynn announced.
Erie County Court Judge Suzanne Maxwell Barnes ordered Cortez Foster, 33, of Buffalo, to serve six years in prison concurrent with his previous sentence, followed by three years of supervision after he is released.
Foster was arrested on the drug charge Jan. 7, 2020, after Buffalo Police pulled him over for failing to stop at a stop sign on William Street and Monroe Street. Officers found a bag with more than half an ounce of fentanyl in the glove compartment. Police said Foster also fought with them.
He pleaded guilty April 13 to third-degree criminal possession of a controlled substance and a misdemeanor charge of resisting arrest.
Foster was found guilty by a jury Feb. 15 on charges of second-degree murder and second-degree criminal possession of a weapon in connection with the slaying of Marcus Spain, 29, who was shot March 14, 2021, while he was sitting in a vehicle on Johnson Street in Buffalo.
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