Acting Erie County District Attorney Michael J. Flaherty, Jr. announces the arraignment of 29-year-old Dejay Burdic of South Wales, NY before State Supreme Court Justice Penny Wolfgang on an indictment charging him with Criminal Sex Act in the First Degree, Criminal Sex Act in the Second Degree and one count of Endangering the Welfare of a Child.

The defendant, who pleaded not guilty, is accused of forcibly engaging in oral sexual conduct with a child under the age of 15.

Dejay Burdic has an extensive criminal history.  He is a Level 3 sex offender.  In 2008, at the age of 21, the defendant was previously convicted of Attempted Rape in the Second Degree.  He was sentenced to an indeterminate sentence of 18-36 months of incarceration.  That offense involved a child less than 15 years of age.  Additionally, the defendant was convicted of a violent felony offense: Assault in the Second Degree. For that crime he ultimately served a determinate sentence of two years in jail.  The defendant also has a criminal conviction for Sexual Misconduct in 2009 from the Town of Ashford.

Based on the seriousness of the current offense and the defendant's criminal history, Burdic, if convicted, faces a maximum sentence of a determinate sentence of 10-25 years followed by post release supervision.

The Court granted the People's request to remand the defendant without bail.  He has been in custody since February 2016. 

Acting DA Flaherty credits the investigative work of Detective Paul Randall of the Town of Hamburg Police Department.

Assistant District Attorney Bethany A. Solek is prosecuting the case.

As are all persons accused of a crime, the defendant is innocent until proven guilty in a court of law.