A Bronx man accused of shooting and killing someone in Pittsfield is asking to delay his retrial.

Lance Burke is charged in the murder of David Green Jr. in 2018. The first trial in 2023 resulted in a hung jury.

His lawyers are appealing to have key evidence suppressed. The defense said the evidence was collected based on search warrants obtained through still images of a partial license plate, according to our media partners at The Berkshire Eagle.

However, they argue that police have been unable to recreate the process of enhancing the images to reveal the partial plate image, the paper reported. Therefore, all evidence stemming from those warrants should be suppressed.