UPPER WEST SIDE — An ex-con with a past conviction for sexual abuse has been charged with attempted murder for shooting at another man's head inside a local diner last year, authorities said.
Daquan Martinez, 23, shot the man at point-blank range inside City Diner at 2441 Broadway at West 90th Street on July 16, 2015, at 3:40 a.m., according to the NYPD and a criminal complaint from the Manhattan District Attorney's office.
The gunman's target, a 24-year-old, ducked and the bullet grazed his head near his ear. He was taken to Mount Sinai Hospital and survived his injuries, police said.
It was not clear if the two knew each other.
The victim, whose name has not been released, was sitting with a woman in a booth at the back of the popular 24-hour spot when Martinez entered and ordered some food to go, police said.
Martinez walked over to the victim and asked, "Don't I know you from somewhere?" before leaving the diner. The gunman returned and paid his $10 bill but left the food on the counter before walking over to the victim and opening fire, police said. He fled the scene on foot.
Police used video surveillance to tie Martinez to the shooting. He is charged with attempted murder, two counts of criminal weapons possession and attempted assault, the DA said.
He is currently being held at the Manhattan Detention Complex on $100,000 bail or $200,000 bond, according to city records.
Martinez has a prior conviction for sexual abuse, the DA said.
In November 2013, while inside an elevator on Amsterdam Avenue, Martinez reached up a woman's shirt, pulled her towards him by putting his arm around her neck and grabbed her crotch, prosecutors. When she tried to leave the elevator he held her back her by grabbing her around the neck again.
He pled guilty to third degree sexual abuse and was given one year's probation, the DA said.
Martinez's lawyer did not immediately respond to request for comment.
The state Department of Corrections did not have any record of Martinez previously serving time in prison.
