LOCKPORT – Niagara County Judge Sara Sheldon Farkas imposed the minimum sentence of eight years in prison Monday on a Lockport man convicted of raping his best friend’s girlfriend in a South Street home July 29, 2011.
Dalvan H. Robinson, 52, of Pennsylvania Avenue, continues to insist the sex was consensual, although a jury ruled May 10 that Robinson was guilty of first- and rape and first-degree sexual abuse. The 37-year-old woman allegedly was unconscious because of intoxication at the time of the incident, although the defense denied that.
On July 31, Farkas had refused defense attorney George V.C. Muscato’s motion to overturn the verdict.
The minimum sentence was boosted from five years to eight after Farkas ruled that a 2005 marijuana conviction in federal court counted as a prior felony under state law. Farkas could have given Robinson up to 25 years in prison, and did not give a rationale for the sentence. Robinson will face 10 years of post-release supervision after he leaves state prison.