MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of sodomy in the first degree (Penal Law former § 130.50 [1]). Contrary to the contention of defendant, County Court did not err in refusing to suppress the videotape of his acts of sodomy. The conduct of the private individuals who obtained the videotape and turned it over to the police was not "so imbued with governmental involvement" that the individuals were in essence agents of the police ( People v. Adler, 50 N.Y.2d 730, 737; see People v. De Santis, 59 A.D.2d 257, 258-259, affd 46 N.Y.2d 82, cert denied 443 U.S. 912; see also People v. Haile M., 160 A.D.2d 1027, 1028, lv denied 76 N.Y.2d 860). Defendant's further contention that the plea was coerced is unpreserved for our review because defendant failed to move to withdraw his plea or to vacate the judgment of conviction on that ground ( see People v. Williams, 272 A.D.2d 986), and this case does not fall within the narrow exception to the preservation requirement set forth in People v. Lopez ( 71 N.Y.2d 662, 666). Finally, the sentence is neither unduly harsh nor severe.