BUFFALO, N.Y. (WIVB) — A man who’s serving 40 years to life in prison was sentenced for possessing fentanyl.

Cortez Foster, 33, who was already behind bars for the March 2021 murder of 29-year-old Marcus Spain, was sentenced to six years for criminal possession of a controlled substance. The sentence will be served concurrently with his time for murder and criminal possession of a weapon.

The incident that led to the drug charge took place in January 2020, the Erie County District Attorney’s office says.

Foster had been stopped by police at William and Monroe after police say he failed to stop at a stop sign. The smell, as well as the sight of marijuana in the back seat, prompted a search, authorities say.

Foster was placed in the patrol vehicle while police searched the one he was driving. During their search, officers say they found a bag with more than half an ounce of fentanyl inside the glove box.

“When the officers returned to their patrol vehicle to place the defendant under arrest, the defendant attempted to escape,” the District Attorney’s office said. “The defendant refused orders and fought with the police officers, but the officers were able to subdue the defendant and take him into custody for possession of narcotics.”

Foster pleaded guilty to the drug charge and resisting arrest in April 2023, two months after a jury found him guilty of murder.

Sentenced as a second violent felony offender, Foster also received three years of post-release supervision.