Erie County District Attorney John J. Flynn announces that 26-year-old Christopher Andino of Buffalo was arraigned yesterday morning before Buffalo City Court Judge Shannon M. Heneghan on one count of Assault in the Second Degree (Class “D” felony), one count of Obstruction of Governmental Administration in the Second Degree and one count of Resisting Arrest (Class “A” misdemeanors.)
It is alleged that on Tuesday, April 11, 2023, at approximately 1:46 p.m., the defendant assaulted a police officer while being placed under arrest on the 100 block of Herkimer Street. The defendant, who was wanted on a bench warrant, is accused of refusing multiple commands and fighting with the officers. It is further alleged that the defendant bit a detective sergeant’s right hand during the incident. The defendant allegedly continued to resist arrest until he was taken into custody.
Andino is scheduled to return on Monday, April 17, 2023 at 9:30 a.m. for a felony hearing. Bail was set at $5,000 cash or bond.
If convicted of the highest charge, Andino faces a maximum sentence of 7 years in prison.
This morning, Andino appeared in Buffalo City Court on another pending criminal case. Buffalo City Court Judge Barbara Johnson-Lee issued a bench warrant in February after the defendant failed to appear for a judicial diversion court program following his guilty plea to a felony burglary charge.
During the early morning hours of November 26, 2021, the defendant unlawfully entered a building on Grant Street in the City of Buffalo by breaking a window. Once inside, the defendant stole an unknown sum of cash and various items from several businesses inside of the building.
On January 17, 2023, Andino pleaded guilty before Judge Johnson-Lee to one count of Burglary in the Third Degree (Class “D” felony). Upon successful completion of the diversion program, the defendant would have been permitted to withdraw his previous plea and enter a reduced plea to a misdemeanor.
Today, our office requested that the Court remove the defendant from the diversion program. Also, prosecutors requested that the defendant be sentence on his original plea to the felony charge and held without bail pending sentence. Judge Johnson-Lee set bail at $30,000 cash, bond or partially secured surety bond pending an assessment of the defendant to continue the diversion court program. Andino is scheduled to return on Monday, April 24, 2023 at 9:30 a.m. for further proceedings.
DA Flynn commends the Buffalo Police Department for their work in these investigations.
Both cases are being prosecuted by Assistant District Attorney Daniel J. Morris of the Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.