# People v. Nimmons

> Appellate Division of the Supreme Court of the State of New York · December 12, 1977 · 60 A.D.2d 129

URL: https://www.frixlaw.com/law-library/cases/5822561

## Case

- **Full name:** The People of the State of New York v. Charles Nimmons
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 12, 1977
- **Citations:** 60 A.D.2d 129; 399 N.Y.S.2d 900; 1977 N.Y. App. Div. LEXIS 13972
- **Precedential status:** Published
- **Opinion:** Dissent by Cohalan
- **Judges:** Cohalan, Hawkins
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5822561

## Opinion text

Cohalan, J. (dissenting).
The case of Hill v California ( 401 US 797 ), relied upon in part by the majority, is distinguishable. There the police had probable cause to arrest Hill and search his premises. In his absence from his apartment they entered and arrested another man, despite his protestations, in the reasonable belief that he was Hill; and as an incident to the arrest, they conducted a search of the premises.
The distinguishing factor at bar is that the woman accomplice accompanied the police in their search for Wade and promptly informed them that Nimmons (who was with Wade at the moment of arrest) was the wrong man. In my judgment Nimmons was entitled to the order of suppression.
Titone and Suozzi, JJ., concur with Hawkins, J.; Cohalan, J., dissents and votes to affirm the order with a memorandum.
Order of the Supreme Court, Kings County, entered October 19, 1976, reversed, on the law and the facts, and motion to suppress physical evidence denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5822561. Public record. Not legal advice.