BUFFALO, N.Y. – Erie County District Attorney John J. Flynn announces that 41-year-old Carlos Cherry of Reston, V.A. was sentenced this afternoon before Erie County Court Judge Kenneth Case to 4 years in prison followed by 2 years of post-release supervision.
On March 2, 2020, at approximately 4:00 p.m., the defendant attempted to purchase beer at a convenience store located on William Street near Michigan Avenue in the City of Buffalo. The defendant did not have enough money for the purchase, and the clerk refused to sell him the beer. As the defendant turned to exit the store, he punched a female bystander the face. The attack caused the victim to fall to the ground. In addition to suffering pain and swelling to her face, the victim lost a tooth due to the assault.
Moments later the attack, the defendant approached a 14-year-old boy who had exited a bus on Michigan Avenue at William Street on his way home from school. The defendant punched the teenage victim in the face, fracturing his jaw in two places. The victim underwent required surgery, which required the placement of permanent hardware in his jaw to fix the damage caused by the assault.
A jury found the defendant guilty, as charged, of one count of Assault in the Second Degree (Class “D” felony) and one count of Assault in the Third Degree (Class “A” misdemeanor). The jury rendered their decision after four hours of deliberation following a nearly two-day trial on July 23, 2021.
DA Flynn commends the Buffalo Police Department for their work in the investigation.
The case was prosecuted by former Assistant District Attorney James M. Marra of the Felony Trials Bureau and Assistant District Attorney Kevin R. Brown of the Justice Courts Bureau.
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