NEW YORK (CBSNewYork) –Police have made an arrest in the stray bullet shooting of a 44-year-old tourist in Midtown.

The victim was walking back to his hotel when he was shot. Two men were arguing nearby, and one of them pulled a gun on the other and fired, missing his intended target but hitting the victim.

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It happened around 2 a.m. Wednesday at 38th Street and Eighth Avenue.

The victim was struck in the shoulder. He was taken to the hospital in stable condition.

Wednesday afternoon, the NYPD announced the arrest of Brannovan Martinez.

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Martinez, 21, faces assault, criminal use of a firearm, and reckless endangerment charges.

CBSNewYork Team