PEOPLE v. KING

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, once he was lawfully arrested on an out-of-State fugitive warrant, "it was proper for the police to place him in a lineup for a separate, unrelated crime" (People v. Griffin, 161 A.D.2d 799, 800; see, People v. Whitaker, 64 N.Y.2d 347, cert denied 474 U.S. 830; People v. Crawford, 221 A.D.2d 462).

The defendant's challenge to the sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 Crim. Proc.[2]; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant' s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 Crim. Proc.[5]).

The defendant's remaining contentions are without merit.

O'BRIEN, J.P., SULLIVAN, LUCIANO, and SMITH, JJ., concur.