PEOPLE v. DAMATO


120 A.D.2d 780 (1986)

The People of the State of New York, Respondent, v. Anthony Michael Damato, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 1, 1986


Yesawich, Jr., J.

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, defendant twice exchanged heated words with one of the players, the second...

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