Modified: June 10, 2016 3:23pm
Acting Erie County District Attorney Michael J. Flaherty, Jr. announces that 39-year-old Valvano Yazzie of Kenmore has been sentenced by State Supreme County Justice John L. Michalski to 6 ½ years in prison, followed by 20 years post-release supervision. This is in excess of the mandatory minimum term of imprisonment of 5 years.
The sentence comes after Yazzie pleaded guilty to Attempted Criminal Sexual Act in the First Degree and Feloniously Driving While Intoxicated.
The defendant also faces registration as a sex offender upon release, and as a result of the DWI conviction, his license to operate a motor vehicle has been revoked.
The sexual assault occurred on August 30, 2015 at a residence in the City of Buffalo. The defendant, who did not live there, broke into the house looking for his wife. While inside the residence, Yazzie, who admitted being intoxicated, performed oral sex on the victim when she was incapacitated and unable to consent.
On January 25, 2016, while that case was pending, the defendant was arrested for feloniously driving while intoxicated. This marks his second DWI conviction in Erie County, and according to out-of-state court records, his 9th DWI conviction.
Acting DA Flaherty commends the victim and all victims of sexual violence who come forward. Because of her strength, bravery and resilience, this defendant faced justice.
DA Flaherty also credits Buffalo Police Department Detective Natalie Perez for her help in the investigation.
Assistant District Attorney Bethany A. Solek of DA Flaherty’s Special Victims Bureau prosecuted the case.