People v. Marino

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Harbater, J.), rendered April 15, 1992, convicting him of burglary in the third degree, possession of burglar’s tools, and attempted petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant climbed aboard a slow-moving Amtrak train as it approached the Honeywell Street Bridge in Queens, pried open the door to one of the cars, and entered. Once inside, he broke open the protection guard on a fire extinguisher and was discovered, by police officers who were…