Letter to Judge Choudhury Re: United States v. Carmine G. Agnello, No. 2:24-cr-00366-NJC-1 (Dkt. 16, E.D.N.Y.)
Summary
In this letter dated October 28, 2025, Steven A. Metcalf II of Metcalf & Metcalf, P.C., counsel for Carmine G. Agnello, asks U.S. District Judge Nusrat J. Choudhury of the Eastern District of New York to adjourn the sentencing scheduled for November 6, 2025 at 10:30 AM in Case No. 2:24-cr-00366-NJC-1. The stated reason is counsel's engagement since October 3, 2025 in a lengthy murder trial before the Supreme Court, New York County, People v. Aljo Mrkulic, with a trial engagement letter attached as Exhibit A. The letter also cites work still under way on the sentencing memorandum and exhibits. It asks for an adjournment "to January 7, 2025 or any date thereafter" convenient for the Court, and says AUSA Bradley King does not oppose.
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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
1 Metcalf & Metcalf, P.C.
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)
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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