People v. Jaeger, 96 A.D.3d 1172 (N.Y. App. Div. 2012). · Go Syfert
People v. Jaeger, 96 A.D.3d 1172 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Davis (nyappdiv, 2021-07-15)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2021 · confidence medium
Regarding this second set of statements, the record reveals that Dalton properly provided defendant with Miranda warnings and defendant verbally assented to understanding his rights before any questioning began ( see People v Fiorino , 130 AD3d 1376, 1379 [2015], lv denied 26 NY3d 1087 [2015]; People v Perkins , 124 AD3d 1062, 1063 [2015], lvs denied 26 NY3d 928 , 933 [2015]; People v Jaeger , 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Kelsey
N.Y. App. Div. · 2019 · confidence medium
Given defendant's denial of responsibility for his actions, his exploitation of a [*4]position of trust and the devasting effect on the victims, we find no abuse of discretion or extraordinary circumstance warranting a reduction of the sentence in the interest of justice ( see People v Horton , ___ AD3d ___, ___, 2019 NY Slip Op 04782, *3 [2019]; People v Jaeger , 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]; People v Bartolillo , 47 AD3d 1122, 1122 [2008]).
discussed Cited as authority (rule) People v. Introne
N.Y. App. Div. · 2019 · confidence medium
In any event, the conflicting versions of what transpired during the interview presented a credibility issue for the jury to resolve ( see People v Jaeger , 96 AD3d 1172, 1174-1175 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Weaver
N.Y. App. Div. · 2018 · confidence medium
Nor were the detective's assurances "so fundamentally unfair as to deny due process" ( People v Tarsia , 50 NY2d at 11 ; see People v Fagan , 134 AD3d 1232, 1234 [2015]; People v Jaeger , 96 AD3d 1172, 1174 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2016 · confidence medium
Accordingly, defendant’s unambiguous acknowledgment that he understood his rights and subsequent participation in answering the detectives’ questions constituted an implicit waiver of his Miranda rights (see People v Sirno, 76 NY2d 967, 968 [1990]; People v Fiorino, 130 AD3d 1376, 1379-1380 [2015], lv denied 26 NY3d 1087 [2015]; People v Jaeger, 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]), and Supreme Court did not err in denying defendant’s motion to suppress his statements.
discussed Cited as authority (rule) People v. Fiorino
N.Y. App. Div. · 2015 · confidence medium
Defendant was orally advised of his Miranda rights prior to any questioning; defendant nodded his head affirmatively throughout VanAmburgh’s recitation of those rights, answered “Yes” when asked if he understood his rights and thereafter willingly discussed and answered questions regarding the altercation with the victim, thereby “impliedly waiving] his rights” (People v Dobbins, 123 AD3d 1140, 1140 [2014], lv denied 25 NY3d 1071 [2015]; see People v Sirno, 76 NY2d 967, 968 [1990]; People v Jaeger, 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]; People v Coleman, 57 AD3d 151…
discussed Cited as authority (rule) People v. Fiorino
N.Y. App. Div. · 2015 · confidence medium
Defendant was orally advised of his Miranda rights prior to any questioning; defendant nodded his head affirmatively throughout VanAmburgh’s recitation of those rights, answered “Yes” when asked if he understood his rights and thereafter willingly discussed and answered questions regarding the altercation with the victim, thereby “impliedly waiving] his rights” (People v Dobbins, 123 AD3d 1140, 1140 [2014], lv denied 25 NY3d 1071 [2015]; see People v Sirno, 76 NY2d 967, 968 [1990]; People v Jaeger, 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]; People v Coleman, 57 AD3d 151…
discussed Cited as authority (rule) People v. Kamp
N.Y. App. Div. · 2015 · confidence medium
Considering these facts, as well as the fact that defendant received less than the maximum statutory sentence, we find no abuse of discretion or extraordinary circumstances warranting a reduction of his sentence (see People v Card, 115 AD3d 1007, 1009 [2014], lv denied 23 NY3d 961 [2014]; People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]). *1342 Defendant’s remaining contentions are without merit.
discussed Cited as authority (rule) People v. Lloyd
N.Y. App. Div. · 2014 · confidence medium
Moreover, considering the totality of the circumstances (see People v Aveni, 22 NY3d 1114, 1117 [2014]), we are unpersuaded that, as a result of the minimally deceptive tactics employed by Northrup, defendant’s statements were not “the product of [defendant’s] own choice” (People v Thomas, 22 NY3d 629, 642 [2014]; see People v Wolfe, 103 AD3d 1031, 1035 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1174 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Santiago
N.Y. App. Div. · 2014 · confidence medium
Finally, defendant has not identified any extraordinary circumstances and we perceive no abuse of discretion warranting a reduction of his sentence (see People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]; People v Stewart, 60 AD3d at 1113 ; People v Frary, 29 AD3d 1223, 1226 [2006], lv denied 7 NY3d 788 [2006]).
discussed Cited as authority (rule) People v. Santiago
N.Y. App. Div. · 2014 · confidence medium
Finally, defendant has not identified any extraordinary circumstances and we perceive no abuse of discretion warranting a reduction of his sentence (see People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]; People v Stewart, 60 AD3d at 1113 ; People v Frary, 29 AD3d 1223, 1226 [2006], lv denied 7 NY3d 788 [2006]).
discussed Cited as authority (rule) People v. Lloyd
N.Y. App. Div. · 2014 · confidence medium
Moreover, considering the totality of the circumstances (see People v Aveni, 22 NY3d 1114, 1117 [2014]), we are unpersuaded that, as a result of the minimally deceptive tactics employed by Northrup, defendant’s statements were not “the product of [defendant’s] own choice” (People v Thomas, 22 NY3d 629, 642 [2014]; see People v Wolfe, 103 AD3d 1031, 1035 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1174 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Desmond
N.Y. App. Div. · 2014 · confidence medium
Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). .
discussed Cited as authority (rule) People v. Desmond
N.Y. App. Div. · 2014 · confidence medium
Based upon our independent review of the record, we agree with County Court that defendant was properly and adequately informed of his Miranda rights and that he knowingly, voluntarily and intelligently waived those rights (see People v Wolfe, 103 AD3d 1031 , 1035 n 1 [2013], lv denied 21 NY3d 1021 [2013]; People v Jaeger, 96 AD3d 1172, 1173-1174 [2012], lv denied 19 NY3d 997 [2012]; People v Peters, 49 AD3d 957, 959 [2008], lv denied 10 NY3d 938 [2008]). .
discussed Cited as authority (rule) People v. Foulkes
N.Y. App. Div. · 2014 · confidence medium
We find no abuse of discretion by the sentencing court or extraordinary circumstances warranting modification (see People v Watson, 115 AD3d 1016, 1017 [2014]; People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Foulkes
N.Y. App. Div. · 2014 · confidence medium
We find no abuse of discretion by the sentencing court or extraordinary circumstances warranting modification (see People v Watson, 115 AD3d 1016, 1017 [2014]; People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding the fact that County Court imposed the maximum possible term of postrelease supervision, when we consider defendant’s criminal history, his failure to accept responsibility for his actions and the record as a whole, we perceive no extraordinary circumstances or abuse of discretion that would warrant this Court’s intervention (see People v Coutant, 111 AD3d 981, 983 [2013]; People v Jaeger, 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Watson
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding the fact that County Court imposed the maximum possible term of postrelease supervision, when we consider defendant’s criminal history, his failure to accept responsibility for his actions and the record as a whole, we perceive no extraordinary circumstances or abuse of discretion that would warrant this Court’s intervention (see People v Coutant, 111 AD3d 981, 983 [2013]; People v Jaeger, 96 AD3d 1172, 1173 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2013 · confidence medium
In our view, “[g]iven the nature of the crimes, defendant’s exploitation of the position of trust he held over the victims and his failure to accept responsibility or express remorse for his actions, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice” (People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]; see People v Dunton, 30 AD3d 828, 830 [2006], lv denied 7 NY3d 847 [2006]).
discussed Cited as authority (rule) People v. Pimentel
N.Y. App. Div. · 2013 · confidence medium
In our view, “[g]iven the nature of the crimes, defendant’s exploitation of the position of trust he held over the victims and his failure to accept responsibility or express remorse for his actions, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice” (People v Jaeger, 96 AD3d 1172, 1175 [2012], lv denied 19 NY3d 997 [2012]; see People v Dunton, 30 AD3d 828, 830 [2006], lv denied 7 NY3d 847 [2006]).
discussed Cited as authority (rule) People v. Pinto
N.Y. App. Div. · 2013 · confidence medium
Moreover, the defendant’s contention that his confession to the police was involuntary on the ground that it was induced by trickery is without merit, since there was no indication “that the deception was so fundamentally unfair as to deny due process or that a promise or threat was made that could induce a false confession” (People v Tarsia, 50 NY2d 1,11 [1980] [citations omitted]; see People v Tankleff, 84 NY2d 992, 994 [1994]; People v Jaeger, 96 AD3d 1172, 1174 [2012]; People v Gordon, 74 AD3d 1090 [2010]; People v Green, 73 AD3d 805 [2010]; People v Sanabria, 52 AD3d 743, 744 [2008]…
discussed Cited as authority (rule) People v. Pinto
N.Y. App. Div. · 2013 · confidence medium
Moreover, the defendant’s contention that his confession to the police was involuntary on the ground that it was induced by trickery is without merit, since there was no indication “that the deception was so fundamentally unfair as to deny due process or that a promise or threat was made that could induce a false confession” (People v Tarsia, 50 NY2d 1,11 [1980] [citations omitted]; see People v Tankleff, 84 NY2d 992, 994 [1994]; People v Jaeger, 96 AD3d 1172, 1174 [2012]; People v Gordon, 74 AD3d 1090 [2010]; People v Green, 73 AD3d 805 [2010]; People v Sanabria, 52 AD3d 743, 744 [2008]…
discussed Cited "see" People v. Cubero
N.Y. App. Div. · 2018 · signal: see · confidence high
Inasmuch as "[t]he police are permitted to lie or use some deceptive methods in their questioning as long as 'the deception was [not] so fundamentally unfair as to deny due process,' [t]he limited use of those tactics here was not so extensive as to induce a false confession or overcome defendant's will, which would render defendant's statements inadmissible" ( People v Berumen , 46 AD3d 1019, 1020 [2007], lv denied 10 NY3d 808 [2008], quoting People v Tarsia , 50 NY2d 1, 11 [1980]; see People v Jaeger , 96 AD3d 1172, 1174 [2012], lv denied 19 NY3d 997 [2012]).
discussed Cited "see" People v. Gelin
N.Y. App. Div. · 2015 · signal: see · confidence high
Moreover, *719 the defendant’s contention that his confession to the police was involuntary on the ground that it was induced by trickery is without merit, since there was no indication “that the deception was so fundamentally unfair as to deny due process or that a promise or threat was made that could induce a false confession” (People v Tarsia, 50 NY2d 1, 11 [1980] [citations omitted]; see People v Jaeger, 96 AD3d 1172, 1174 [2012]; People v Gordon, 74 AD3d 1090 [2010]; People v Green, 73 AD3d 805 [2010]; People v Sanabria, 52 AD3d 743 [2008]; People v Ingram, 208 AD2d 561 [1994]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael Jaeger
Appellate Division of the Supreme Court of the State of New York.
Jun 14, 2012.
96 A.D.3d 1172
Peters.
Cited by 26 opinions  |  Published
Peters, P.J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 28, 2011, upon a verdict convicting defendant of the crimes of course of sexual conduct against a child in the second degree, endangering the welfare of a child (four counts) and forcible touching.

[*1173] Based upon allegations that defendant had subjected two of his girlfriend’s daughters (born in 1992 and 1993) to sexual contact, State Police Investigator Nancy Stack arranged a controlled phone call by the older victim (hereinafter victim A) to defendant. During that recorded call, defendant made comments appearing to substantiate that some sexual activity had occurred between the two. Later that day, defendant agreed to accompany police to the State Police barracks and spoke with Stack. Defendant admitted that he had engaged in inappropriate sexual contact with victim A on more than one occasion, but denied having sexual intercourse with victim A or engaging in any sexual contact with her younger sister (hereinafter victim B). He also signed a written statement to that effect.

Defendant was thereafter charged in a 17-count indictment with respect to his sexual conduct with the victims. Following a Huntley hearing, County Court denied defendant’s motion to suppress his oral and written statements. At the conclusion of the ensuing jury trial, during which the victims testified and defendant’s statements were admitted into evidence, defendant was convicted of course of sexual conduct against a child in the second degree and four counts of endangering the welfare of a child related to his sexual conduct with victim A, as well as forcible touching related to his conduct with victim B, but was acquitted of the remaining charges. Sentenced to an aggregate term of five years in prison with 10 years of postrelease supervision, defendant now appeals.

We reject defendant’s assertion that his oral and written statements to police should have been suppressed because he did not knowingly and intelligently waive his Miranda rights.* Stack read defendant his Miranda rights from a printed card and defendant then asked to read the card himself. After doing so, he stated that he understood his rights and continued to speak with Stack, thereby impliedly waiving those rights (see People v Sirno, 76 NY2d 967, 968 [1990]; People v Garcia, 79 AD3d 1248, 1250 [2010], lv denied 16 NY3d 797 [2011]). Prior to taking defendant’s written statement, defendant was asked and was able to read aloud the Miranda warnings, and initialed and signed that part of the statement acknowledging that he understood his rights and was agreeing to waive them. Thus, County Court’s determination that defendant understood his rights and voluntarily waived them is amply supported by the record (see People v Sirno, 76 NY2d at 968; People v Garcia, 79 AD3d at 1250; People v Petrie, 3 AD3d 665, 666 [2004]; People v Bolar[*1174] inwa, 258 AD2d 827, 829 [1999], lv denied 93 NY2d 1014 [1999]).

Nor are we persuaded by defendant’s contention that his statements were the product of coercive and deceptive interrogation practices by the police. “Police may generally engage in deception while investigating a crime, with suppression required only where ‘the deception was so fundamentally unfair as to deny due process or [where] a promise or threat was made that could induce a false confession’ ” (People v Colbert, 60 AD3d 1209, 1211 [2009], quoting People v Tarsia, 50 NY2d 1, 11 [1980]; see People v Berumen, 46 AD3d 1019, 1020-1021 [2007], lv denied 10 NY3d 808 [2008]; People v Dishaw, 30 AD3d 689, 690 [2006], lv denied 7 NY3d 787 [2006]). On more than one occasion during the interview, Stack suggested to defendant that victim A accused him of having intercourse with her despite the victim neither stating nor implying that any intercourse had occurred. However, as the tactic employed by Stack was not accompanied by any threats or promises that might induce a false confession and was not fundamentally unfair, the deception did not render defendant’s confessions involuntary (see People v Thomas, 93 AD3d 1019, 1027-1028 [2012]; People v Dishaw, 30 AD3d at 690; People v Serrano, 14 AD3d 874, 875 [2005], lv denied 4 NY3d 803 [2005]; People v Henderson, 4 AD3d 616, 617 [2004], lv denied 2 NY3d 800 [2004]).

We are similarly unconvinced that the verdict is against the weight of the evidence. At trial, victim A testified that defendant subjected her to sexual contact on numerous occasions over the course of several years and victim B recounted an incident wherein defendant entered her bedroom and groped her breasts. The People also presented the controlled call between victim A and defendant, wherein defendant made several veiled references to having sexual contact with her, as well as the audio recording of the interview and defendant’s written statement. Stack testified regarding her administration of Miranda warnings, and defendant’s waiver thereof, and the circumstances surrounding the interview and defendant’s admissions. Defendant, on the other hand, disavowed his confessions and denied ever having engaged in sexual contact with either of the victims. He testified that he was in a daze during the interview from lack of sleep, that his “mind was not there” when he was read his Miranda rights, and that he did not recall portions of the conversation he had with Stack. He testified further that he was being pressured by Stack to sign the statement, which he did not fully read, and ultimately did so because he felt he had to. Defendant’s testimony presented credibility issues that the[*1175] jury reasonably resolved against him and, upon viewing the evidence in a neutral light and according deference to those credibility determinations, we are satisfied that defendant’s convictions are supported by the weight of the evidence (see People v Underdue, 89 AD3d 1132, 1133 [2011]; People v Johnson, 79 AD3d 1264, 1266 [2010], lv denied 16 NY3d 832 [2011]; People v Rosado, 36 AD3d 965, 966-967 [2007], lv denied 9 NY3d 993 [2007]).

Finally, we reject defendant’s claim that his sentence was harsh and excessive. Given the nature of the crimes, defendant’s exploitation of the position of trust he held over the victims and his failure to accept responsibility or express remorse for his actions, we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Howard, 20 AD3d 768, 769 [2005], lv denied 5 NY3d 806 [2005]; People v Doherty, 305 AD2d 867, 868 [2003], lv denied 100 NY2d 580 [2003]; People v Miller, 226 AD2d 833, 837 [1996], lv denied 88 NY2d 939 [1996]). Defendant’s remaining contentions have not been preserved for our review.

Mercure, Rose, Lahtinen and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.

Despite the People’s assertions to the contrary, defendant’s challenges to the voluntariness of his statements are properly before us.