Erie County District Attorney Michael J. Keane announces that New York State Supreme Court Justice Paul B. Wojtaszek found Joseph M. Folvarcik, 48, of Buffalo, guilty of one count of Sexual Misconduct (Class “A” misdemeanor). Justice Wojtaszek rendered his decision yesterday afternoon after a three-day, non-jury trial, convicting the defendant of the second count of the indictment. The defendant was acquitted of the felony charge.
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 engaged in sexual intercourse with the victim without their consent. The victim was incapable of consent due to intoxication. The defendant was not known to the victim.
Folvarcik faces a maximum of 364 days in jail when he is sentenced on Tuesday, October 7, 2025, at 9:30 a.m. Our prosecutors requested that the defendant be remanded pending sentence. Folvarcik remains released on bail set at $75,000 cash or bond. A temporary order of protection, issued on behalf of the victim, remains in effect. The defendant will be required to register as a sex offender as a result of this conviction.
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 Special Victims/Domestic Violence Bureau and Assistant District Attorney Rachel Schepart of the Felony Trials Bureau.