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Erie County District Attorney's Office

10/23/2024 | Press release | Distributed by Public on 10/23/2024 07:30

Persistent Violent Felony Offender Sentenced on Gun Charge

Wednesday, October 23, 2024

Acting Erie County District Attorney Michael J. Keane announces that Vincent E. Smith, 37, of Niagara Falls was sentenced yesterday morning before Erie County Court Judge James Bargnesi to 12 years to life in prison. He was sentencedas a persistent violent felony offender.

On Sunday, January 29, 2023, the defendant pointed an illegal pistol at the victim during an altercation at a residence on Riverdale Avenue in the Town of Tonawanda. When a bystander intervened, the defendant fired one shot into the floor and hit the bystander with the gun. The defendant, who was on parole at the time of the crime, fired another shot at the house after being escorted out of the party, which was witnessed by several individuals. A search warrant was executed at the defendant's residence on Ferry Avenue in the City of Niagara Falls, but no weapon was recovered following the incident.

Smith pleaded guilty to one count of Attempted Criminal Possession of a Weapon in the Second Degree (Class "D" felony) on October 20, 2023.

Acting DA Keane commends the Town of Tonawanda Police Department and the Department of Corrections and Community Supervision parole officers for their work in this investigation.

The sentencing proceeding was handled by Assistant District Attorney Stephen C. Papia of the Felony Trials. The case was prosecuted by former Assistant District Attorneys Kevin R. Brown and Nicholas C. Bussi.