2001 Acura CL transmission does not engage in drive when co

Transmission problem
2001 Acura CL 6 cyl Two Wheel Drive Automatic
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My transmission was recently replaced under recall warranty. shortly after replacement, it developed the issue. after reversing out of my parking space in the morning, i put the gear shifter in the drive position and it fails to engage. only after i put it in all the way down in d2 will it engage. This sometimes also happens when driving, but usually when the transmission is cold/cool.

Could this be related to the transmission swap?

Is the transmission direcly linked to the gear shifter?

Any additional elaboration on this topic will be appreciated.

Thanks,
Scott