People v. Johnson

—Judgment unanimously affirmed. Memorandum: Defendant contends that the judgment convicting him of third degree grand larceny must be reversed because the court failed to instruct the jury sua sponte that the guilty plea entered by his accomplice could not be considered as evidence of defendant’s guilt. Defense counsel elicited this information on cross-examination to impeach the accomplice’s credibility. The question has not been preserved for our review and we may not reverse the judgment upon the law (CPL 470.05 [2]; see, People v Thomas, 50 NY2d 467). Nor do we exercise our discretion to…