Erie County District Attorney John J. Flynn announces that 20-year-old David J. Smith of Buffalo was sentenced this morning before Erie County Court Judge James Bargnesi. He received a determinate sentence of 6 years in prison followed by 5 years of post-release supervision.  

On Thursday, March 24, 2022, at approximately 6:35 p.m., U.S. Custom and Border Protection officers witnessed the defendant driving a vehicle the wrong way on Peace Place in the City of Buffalo near the Peace Bridge. While conducting a traffic stop, border patrol agents saw a handgun in plain view on the floor of the backseat of the vehicle behind where the defendant was seated. Investigators recovered an illegal, loaded handgun, which was submitted into evidence.

The defendant was initially arraigned before Buffalo City Court Judge Carrie Phillips on one count of Criminal Possession of a Weapon in the Second Degree on March 25, 2022. He was released from custody after posting bail set at $10,000 cash, bond, property or partially secured bond.

On May 31, 2022, at approximately 8:11 p.m., the defendant, with the intent to the cause the death of the victim, fired multiple shots into a store on the 300 block of Hopkins Street in the City of Buffalo. The victim was shot as the defendant fired through the glass door. The victim was taken by ambulance to ECMC where he was treated for injuries to his lower leg and foot. The defendant was later arrested.

Smith was arraigned before Buffalo City Court Judge Diane Wray on one count of Attempted Murder in the Second Degree, one count of Assault in the Second Degree and one count of Criminal Possession of a Weapon in the Second Degree on June 2, 2022. He was held without bail. 

Smith pleaded guilty to one count of Attempted Murder in the Second Degree (Class “B” violent felony) and one count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony). The defendant pleaded guilty to the highest charges in the indictment against him on October 25, 2022.

DA Flynn commends the Buffalo Police Department and U.S. Custom and Border Protection for their work in these investigations.   

The case was prosecuted by Assistant District Attorney John G. Schoemick of the Major Crimes Bureau and Assistant District Attorney Nicholas J. Marino of the Felony Trials Bureau.