Erie County District Attorney Michael J. Keane announces that Joseph M. Folvarcik, 49, of Buffalo, was sentenced this morning before State Supreme Court Justice Paul B. Wojtaszek. He received a split sentence of 60 days of incarceration followed by 6 years of probation with sex offender conditions. The defendant will be required to register as a sex offender upon his release.
On the evening of Sunday, January 21, 2024, the defendant, while working as an independent livery driver, transported the victim from a bar in the Town in Orchard Park to his residence in the City of Buffalo. The defendant, who was not known to the victim, engaged in sexual intercourse with the victim without their consent. The victim was incapable of consent due to intoxication.
On July 28, 2025, Folvarcik was found guilty of one count of Sexual Misconduct (Class “A” misdemeanor). Justice Wojtaszek rendered his decision after a three-day, non-jury trial, convicting the defendant of the second count of the indictment.
Today, a final order of protection was issued on behalf of the victim, which remains in effect until 2031.
DA Keane commends Detective Larry Brand of the Orchard Park Police Department, members of the Buffalo Police Department, Erie County Central Police Services Forensic Laboratory, and District Attorney’s Office Confidential Criminal Investigator Robert Yeates for their work in this investigation.
The case was prosecuted by Assistant District Attorney Alexander Trunfio of the Domestic Violence Bureau and Assistant District Attorney Rachel Schepart of the Felony Trials Bureau.