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Home Source documents Court filing — No. 2:24-cr-00366 (Dkt. 16, E.D.N.Y.)

Court filing — No. 2:24-cr-00366 (Dkt. 16, E.D.N.Y.)

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Case 2:24-cr-00366-NJC          Document 16            Filed 10/30/25             Page 1 of 2 PageID #: 67


                                                             STEVEN A. METCALF II, ESQ., Founding Partner***
                                                   NANETTE IDA METCALF, ESQ., Founder and Managing Attorney**
                                                               CHRISTOPHER DARDEN , ESQ., Special Counsel*




                                                                                                     *State of California Only
                                                                                      **Licensed in New York and California
                                                             ***Licensed in New York, SDNY, EDNY, WDNY, EDMI, DCDC,
                                                Second Circuit Court of Appeals and Court of Appeals for District of Columbia




                                                                October 28, 2025

Via ECF
The Honorable Nusrat J. Choudhury
United States District Court Judge
Eastern District of New York
100 Federal Plaza
Central Islip, NY 11722

       Re:     United States v. Carmine G. Agnello, No. 2:24-cr-00366-NJC-1

Dear Judge Choudhury:

I write as counsel for Mr. Carmine G. Agnello to respectfully request an adjournment of the
forthcoming sentencing scheduled before the Court on November 6, 2025 at 10:30 AM. This
request is based on a direct scheduling conflict arising from my current engagement in a lengthy
murder trial before the Supreme Court, New York County. I have been engaged since October 3,
2025, and the schedule has changed countless times, and extended far beyond the anticipated time
frame.

The attached Supreme Court Order just evidences my required trial attendance, trial obligations,
and the court’s explicit instruction since this case is extending to November. (See Do Not Engage in
People v. Aljo Mrkulic attached as Exhibit A). This engagement has essentially consumed all my




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time since late September, where I have had to reschedule numerous matters. Consequently, this
trial directly prevents my appearance in federal court for the sentencing of Mr. Agnello as currently
slated.

In addition, I am actively working to finalize key points of my sentencing memorandum and
relevant exhibits – ensuring a complete, fair presentation of all factors relevant to sentencing.

Accordingly, I respectfully request an adjournment of the sentencing to January 7, 2025 or any
date thereafter that is convenient for the Court and all the parties.

                                                                                                                                          Page


                                    Metcalf & Metcalf, P.C.
                                           99 Park Avenue, Suite 810
                                             New York, NY 10016
                                              646.253.0514 (Phone)
                                               646.219.2012 (Fax)
Case 2:24-cr-00366-NJC         Document 16          Filed 10/30/25        Page 2 of 2 PageID #: 68


I have discussed this adjournment request with AUSA Bradley King, who does not oppose the
application.

Thank you for your consideration of this request and your courtesy under these circumstances.

                                                                Very truly yours,

                                                               s/ Steven A. Metcalf II
                                                               ____________________________
                                                               Steven A. Metcalf II, Esq.
                                                               Attorney for Carmine G. Agnello




Cc: Bryan Morabito (Bryan_Morabito@nyed.uscourts.gov
    AUSA Bradley King (bradley.king@usdoj.gov)
    All parties (via ECF)


Encl: Exhibit A – Letter of Trial Engagement from Supreme Court




                                                                                                     2 Metcalf & Metcalf, P.C.
                                                                                                              Page


                                  Metcalf & Metcalf, P.C.
                                        99 Park Avenue, Suite 810
                                          New York, NY 10016
                                           646.253.0514 (Phone)
                                            646.219.2012 (Fax)


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