In People v. La Fontaine (159 Misc 2d 751) the suppression court found that New Jersey police had arrested the defendant in his New York City apartment upon a New Jersey warrant for a New Jersey crime. After entering the apartment, the New Jersey police observed drugs in plain view. After the defendant was indicted therefor in New York, the suppression court held the warrant to be valid and denied suppression of the drugs. The defendant then pleaded guilty and appealed. The Appellate Division, First Department, affirmed upon the theory that although the New Jersey warrant was invalid in New York, the New Jersey police had effectuated a citizen's arrest of the defendant outside of his apartment. (235 AD2d 93, 98.) The Court of Appeals then reversed and remanded for further proceedings finding that the issue upon which the Appellate Division had decided the case had not been raised below. (92 NY2d 470.)