Submitted by the Erie County District Attorney’s Office
Erie County District Attorney John J. Flynn announced 32-year-old Jose Martinez, also known as “Gordo,” of Buffalo, was sentenced this morning before Erie County Court Judge James Bargnesi to 10 years in state prison plus five years of post-release supervision.
On the late evening of May 3, 2022, the defendant unlawfully entered an apartment on Allen Street in the City of Buffalo while armed with a gun. The defendant, who broke a window to gain entry inside of the home, fired one shot then fled when he was confronted by the resident. Responding Buffalo police officers found blood and an empty cartridge case where the defendant entered through the window. The defendant was linked to the crime through DNA analysis.
On Tuesday, May 24, 2022, at approximately 5:50 p.m., the defendant intentionally shot the victim multiple times with an illegal gun on Pennsylvania Street near Lakeview Avenue Street in the City of Buffalo. The victim, a 30-year-old male, was taken by ambulance to ECMC where he was treated for serious physical injuries.
Martinez pleaded guilty to one count of attempted murder in the second degree and one count of burglary in the first degree (class “B” violent felonies), the highest counts in the indictment against him, on Feb. 15, 2023.
DA Flynn commends the Buffalo Police Department gun violence unit for its work in this investigation.
The case was prosecuted by Assistant District Attorney Christopher S. Safulko of the major crimes unit.