Buffalo man gets prison term on gun charge - The Buffalo News

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Buffalo man gets prison term on gun charge

A Buffalo man arrested last year after a foot chase through an East Side neighborhood ended with the recovery of a 9 mm handgun was sentenced Tuesday to 3½ years in prison on a felony weapon charge.

Erie County Judge Sheila A. DiTullio imposed the sentence on Darquane McDuffie, 19, who had pleaded guilty last month to second-degree criminal possession of a weapon.

McDuffie admitted possessing the loaded pistol as he was being pursued by Buffalo police March 31 after he jumped out of a car that was being driven erratically and that police tried to stop near Sweet Avenue and Stanislaus Street.

An officer said he saw McDuffie wielding the pistol, which he threw away on Stanislaus during the foot chase. The gun was later found in a driveway. It had 11 rounds, including one in the chamber.

Police charged McDuffie with weapon possession and unlawful possession of a large-capacity ammunition feeding device under the state’s SAFE Act, which prohibits having more than seven rounds in a magazine.

McDuffie later was indicted on the weapon charge, which carries a minimum sentence of 3½ years in prison and a maximum of 15 years. He was not indicted on the misdemeanor SAFE Act charge, which carries a maximum sentence of six months in jail.

McDuffie had been arrested on charges of weapon possession in 2010 and drug possession in 2011.

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