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PEOPLE v. HARDY

146 A.D.2d 645 (1989)

The People of the State of New York, Respondent, v. Bernard Hardy, Appellant

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

January 17, 1989

Ordered that the judgment is affirmed.

Viewing the record as a whole we conclude that the defendant received a fair trial. The testimony of the arresting officer on direct examination that the area in which the defendant was arrested was under surveillance by the police was not improper. Rather this testimony was merely background information which was not prejudicial (see, People v Armstead,

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