Erie County District Attorney John J. Flynn announces that 34-year-old Andrew J. Marsh of Buffalo was sentenced this morning before Erie County Court Judge James Bargnesi to 2 years of probation.  

On Tuesday, May 17, 2022, at approximately 3:16 p.m., a store manager asked the defendant to leave the grocery store, located on the 2100 block of Elmwood Avenue in the City of Buffalo, after he harassed another customer. The defendant made a threat toward the manager and two employees that referenced the shooting at Tops Friendly Markets on Jefferson Avenue.

A Buffalo Police officer, who responded to investigate the threat, found a small amount of fentanyl inside of the defendant’s pants pocket while conducting a search.

Marsh pleaded guilty to count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class “A” misdemeanor) on November 10, 2022. Our office consented to the dismissal of the charge of one count of Making a Terroristic Threat (Class “D” felony) as part of an agreement that the defendant plead guilty to the misdemeanor drug charge and participate in a drug treatment program.

As part of his sentence today, the defendant was ordered to stay away from Tops.

DA Flynn commends the Buffalo Police Department for their work in this investigation.

The case was prosecuted by Assistant District Attorney Briana R. D. Miler of the Felony Trials Bureau.