People v. Damato

— Yesawich, Jr., J.

Appeal, by permission, from a judgment of the County Court of Albany County (Harris, J.), rendered September 9, 1985, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant, a mildly retarded 22-year-old male probationer with a history of minor, nonviolent and essentially larcenous crimes, maintains that his sentence, though lawful, is harsh and excessive.

In March of 1985, defendant was working for a professional basketball team as an assistant in ticket and concession sales. Disturbed by the loss of a playoff game,…