This section contains the nature of the case and procedural background.

A cab driver picked up a passenger who asked to be driven to a certain location in the Bronx. Upon arriving at that location fifteen minutes later, the driver turned around to see the passenger pointing a gun at him. The passenger demanded that the driver exit the vehicle, which the driver did. The passenger entered the driver's seat and drove away. The vehicle was equipped with a GPS tracker and a mechanism that remotely disabled the engine from starting. The mechanism was activated and the vehicle was tracked. An officer responded and found D standing next to the car in a public parking lot with the hood open. D asked the officer for jumper cables. Asked if the car was his, D responded, “Yes.” D sprinted away through the parking lot as other officers arrived but was apprehended. Police located the keys to the car under a deck staircase where Palmer had attempted to hide. Police found a box of 9mm Luger ammunition in the front passenger seat of the vehicle. They did not locate a handgun on the August 22, 2019, search. ATF searched the area on December 12, 2019. No handgun was recovered. On March 10, 2020, New Rochelle police recovered a loaded, black Glock 9mm pistol, which had been discovered by a gardener in the bushes of the front yard of a residence where the foot chase had occurred. The items were entered into ATF custody on June 3, 2020. D was indicted on July 23, 2020. D was indicted and eventually filed a motion to Supress Physical Evidence.

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