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Buffalo man sentenced to more than two years for being a felon in possession of a firearm

STAFF REPORTS


BUFFALO -- U.S. Attorney James P. Kennedy, Jr. announced today that Andre Baker, 28, of Buffalo, NY, who was convicted of being a felon-in-possession of a firearm, was sentenced to serve 27 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Emmanuel O. Ulubiyo, who handled the case, stated that on March 25, 2018, two Buffalo Police Officers were flagged down by an unidentified civilian yelling and screaming, “he has a gun,” while simultaneously pointing his hands in the direction of a parking lot in the vicinity of Jefferson Avenue and Genesee Street. The officers observed another civilian pointing a firearm at the defendant as well as a firearm on the ground next to the defendant’s feet. After making eye contact with the officers, the defendant jumped into the rear seat of a vehicle. Seconds later, the defendant exited the vehicle and fled on foot. The defendant was quickly apprehended in the vicinity of Virginia and Cherry Streets by the officers.

One of the civilians, who identified himself as a sworn Peace Officer and licensed gun owner, reported that he observed and later broke up a physical fight between the defendant and an unidentified male and a female outside Arthur’s Pub in the vicinity of Jefferson Avenue and Genesee Street. After the fight, defendant went across the street and got into the aforementioned vehicle. The civilian observed the female who had been involved in the fight approach the car and spit in the defendant’s face. The defendant got out, approached the rear bumper, and removed a gun. The civilian withdrew his concealed firearm from his holster, pointed the gun at Baker and gave a verbal command to the defendant to drop his gun. Baker complied.

Officers subsequently recovered a loaded, .380 caliber pistol, on the ground next to where the defendant was standing prior to fleeing. Officers also recovered a loaded 12 gauge shotgun from the vehicle.

Baker was previously convicted of Attempted Criminal Possession of a Weapon in the 2nd degree in Erie County Court and is legally prohibited from possessing a firearm. 

The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.

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