Buffalo Man Arraigned for Committing Lewd Acting After Following Victim Into Apartment Building

Thursday, June 27, 2024

Acting Erie County District Attorney Michael J. Keane announces that 26-year-old Orlando Martinez, Jr. of Buffalo was arraigned on Friday afternoon before Buffalo City Court Judge Phillip Dabney, Jr. on one count of Burglary in the Third Degree (Class "D" felony), one count of Public Lewdness (Class "B" misdemeanor), one count of Harassment in the Second Degree and one count of Trespass (violations).

It is alleged that on Saturday, June 15, 2024, at approximately 10:00 p.m., the defendant followed the 62-year-old victim as she entered her apartment building on Delaware Avenue in the City of Buffalo. It is further alleged that the defendant unlawfully entered the victim's apartment building, with the intent to commit a crime, and followed her into the elevator then into a hallway. While in the hallway with the victim, the defendant allegedly exposed an intimate part of his body, committed a lewd act, then fled from the building. The victim later reported the incident to police.

Martinez is scheduled to return on Thursday, July 18, 2024 at 9:30 a.m. for a felony hearing. Prosecutors requested that the defendant be remanded, pursuant to CPL 510.10(4)(e), for allegedly committing a misdemeanor sex offense while released on a pending case involving a misdemeanor sex offense. Martinez remains held on bail set at $3,500 cash or $50,000 bond. A temporary order of protection was issued on behalf of the victim.

It is further alleged that on Tuesday, May 28, 2024, at approximately 4:56 p.m., the defendant, while inside of a store on the 500 block of West Delavan Avenue in the City of Buffalo, exposed an intimate part of his body and committed a lewd act in the presence of an employee.

It is also alleged that later the same evening, at approximately 6:00 p.m., the defendant, while inside of a store on the 900 block of Elmwood Avenue in the City of Buffalo, exposed an intimate part of his body and committed a lewd act in the presence of multiple patrons. The defendant fled and a store employee reported the incident to police.

Martinez, who was later identified as the suspect, was arrested on Friday, May 31, 2024. The next morning, the defendant was arraigned before Buffalo City Court Judge Peter J. Savage, III. He was charged with one count of Public Lewdness in each case. Martinez was released on his own recognizance as the charge is a non-qualifying offense for bail.

Martinez is scheduled to return on Tuesday, July 16, 2024 at 2:00 p.m. for a pre-trial conference on both files before Buffalo City Court Judge Tiffany R. Perry. Temporary orders of protection were issued on behalf of both store employees.

If convicted of the highest charge, Martinez faces a maximum sentence of 7 years in prison.

Acting DA Keane commends the Buffalo Police Department Special Victims Unit for their work in these investigations.

The case is being prosecuted by Assistant District Attorney Meredith M. Mohun of the Special Victims/Domestic Violence Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.