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.

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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