An NYPD officer accused of having sex with a 16-year-old boy at his Wallkill home has rejected prosecutors' offer of a plea deal for a 3-year prison term, his defense attorney said Wednesday.
Rosandre Burgher, 27, was charged with third-degree sex act, a felony that carries up to four years in prison. Prosecutors also charged Burgher with a misdemeanor charge of endangering the welfare of a child.
The age of consent in New York State is 17.
Following Tuesday's hearing in Orange County Court, Burgher's defense attorney, Brandon Ozman, said the case appears to be headed to trial.
In an apparent attempt to dig up DNA evidence linking Burgher to the teen, investigators removed clothing, razor blades and bedding from the Wallkill home where the youth was staying, Ozman said. Burgher's mobile phone also was taken, he said.
Responding to a request for comment, Orange County District Attorney Frank Phillips said in an email, "It would be unethical to comment on the substance of any plea negotiations in any case that we prosecute."
Ozman suggested that Burgher might have been misled about the age of the boy, saying the youth had fake identification and a Facebook page stating his age as 18.
The case developed after the teenager took Burgher's car without permission and was stopped by Wallkill police, Ozman said. After first trying to impersonate the NYPD officer, the youth "came clean" and implicated Burgher in the sex case, Ozman said.
Burgher, who rented the teen a room in his house after meeting him online, was arrested by Wallkill police on June 19.
After the arrest, New York Police Commissioner Ray Kelly characterized Burgher's relationship with the teen as "consensual."
Burgher, who posted $35,000 bond and was released from Orange County Jail, has been suspended from the NYPD without pay. He worked at the 46th Precinct in the Bronx.