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Appellate Division Unanimously Affirms Trial Verdict in Albany Rape Case

Albany County District Attorney David Soares



Press Release

July 16, 2020



  Appellate Division Unanimously Affirms


Trial Verdict in Albany Rape Case


ALBANY, NY – District Attorney P. David Soares announced today that Appellate Division, Third Department, unanimously upheld the rape and sexual assault conviction of ALBERT DIRSCHBERGER, now 56, of Lancaster, NY.

DIRSCHBERGER was sentenced to a total of 5 years in State Prison, to be followed by 10 years of Post- Release Supervision, before the Honorable Roger D. McDonough in Albany County Supreme Court on April 12, 2019 after previously being found guilty after a jury trial of (1) Count of Rape in the Third Degree, a Class E Felony, and (1) Count of Criminal Sexual Act in the Third Degree, a Class E Felony.

After hearing testimony and reviewing evidence over a week-long trial, the jury concluded that during the late evening of December 5, 2017 and early morning of December 6, 2017, while located in a hotel at 144 State Street in the City of Albany, DIRSCHBERGER engaged in sexual intercourse with an adult female victim that was known to him without her consent. In addition, the jury found that DIRSCHBERGER engaged in oral sexual conduct with the same victim without her consent.

DIRSCHBERGER appealed to the New York State Appellate Division, Third Department, on the basis that the sentence was harsh and excessive, in addition to a juror nullification argument. The Appellate Division unanimously rejected all of DIRSCHBERGER’S arguments, and affirmed his conviction and sentence.

At the time of the incident, DIRSCHBERGER was employed as the Commissioner of the Department of Social Services for Erie County, New York.

“The victim in this case was forced in to sexual contact by a person with power over her, despite repeatedly telling him ‘No’ and being too intoxicated to legally consent. We were proud to deliver justice to her and to those who have supported and believed her through a successful outcome at trial, and now again through the appellate process,” commented DA David Soares.

Executive Assistant District Attorney Jennifer McCanney and Assistant District Attorney Ariel Fallon of the Special Victims Unit handled the prosecution of this case. Assistant District Attorney Vincent Stark of the Legal Affairs Bureau handled the appeal.

For more information please contact Cecilia Walsh at (518) 275-4710 or [email protected]