PEOPLE v. LYNG


104 A.D.2d 699 (1984)

The People of the State of New York, Respondent, v. Terry D. Lyng, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 20, 1984


Defendant maintains that the trial court erred in denying his motion to suppress certain evidence. The basis for suppression urged by defendant is that the initial detention of him by the police was illegal. We disagree.

Defendant was observed by a deputy sheriff at 3:00 A.M. outside a closed service station, with a taxicab nearby. The officer considered the situation sufficiently unusual that he stopped to investigate....

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