People v. Lyng

— Appeal from a judgment of the *700County Court of Saratoga County (Brown, J.), rendered September 16,1983, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

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…