• Published

A Buffalo man whose robbery attempt was foiled when the victim seized his loaded gun was sentenced today to four years in prison.

Erie County Judge Thomas P. Franczyk imposed the prison term on Westlee Garner, 24, of Warwick Avenue, who pleaded guilty last year to first-degree attempted robbery and second-degree criminal possession of a weapon.

Garner admitted he tried to rob a motorist at gunpoint Dec. 29, 2012, as the victim was filling his vehicle with gas at a gas station on Fillmore Avenue near Kensington Avenue.

The victim grabbed Garner’s arm, wrestled with him and took the .45-caliber revolver, prosecutors said. The gas station clerk called police, who arrested Garner.

The judge cited Garner’s criminal record dating back to 2004, included a 2007 robbery conviction that led to a prison sentence of one to three years.

In this case, Garner faced at least 3½ years in prison and at most 15 years.

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