(WNY News Now) – A Buffalo man has been sentenced to jail time and probation after being found guilty of engaging in non-consensual sexual intercourse with an intoxicated victim he transported from a bar earlier this year.
BUFFALO, N.Y. — Erie County District Attorney Michael J. Keane announced that Joseph M. Folvarcik, 49, of Buffalo, was sentenced Wednesday morning before State Supreme Court Justice Paul B. Wojtaszek to a split sentence of 60 days in jail followed by six years of probation with sex offender conditions. Upon his release, Folvarcik will be required to register as a sex offender.
The incident occurred on the evening of January 21, 2024, when Folvarcik, working as an independent livery driver, transported the victim from a bar in Orchard Park to his residence in Buffalo. According to prosecutors, the defendant, who was not known to the victim, engaged in sexual intercourse without consent. The victim was reportedly incapable of consent due to intoxication.
Following a three-day non-jury trial, Justice Wojtaszek found Folvarcik guilty on July 28, 2025, of one count of Sexual Misconduct, a Class A misdemeanor. The verdict was based on the second count of the indictment.
In addition to sentencing, the court issued a final order of protection for the victim, which will remain in effect until 2031.
District Attorney Keane praised the efforts of Detective Larry Brand of the Orchard Park Police Department, members of the Buffalo Police Department, the Erie County Central Police Services Forensic Laboratory, and District Attorney’s Office Investigator Robert Yeates for their roles in the 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.
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