Carmine G. Agnello can delay the start of his prison term until Monday if he donates a kidney to Victoria Gotti by then, U.S. District Judge Nusrat J. Choudhury ruled on Thursday. If the transplant does not happen by Monday, he will begin serving the sentence that day.
Robert V. Beltrani asked for the delay so Agnello could turn himself in for his 15-month term on Sept. 18 if the surgery went forward on or before Monday. Choudhury said in an order that she had carefully considered the request, and Assistant U.S. Attorney Charles P. Kelly said in a letter Wednesday that he had no objection to the proposed delay.
Victoria Gotti surgery delay
Agnello had been scheduled to donate a kidney to his mother earlier this week, but the surgery was called off after Victoria Gotti developed an infection. That left the prison surrender tied to a medical deadline instead of a fixed reporting date, with Monday now serving as the cutoff for both the transplant and the start of the sentence.
The case adds another layer to Agnello’s sentencing timeline. In April, he was sentenced to 15 months in prison, two years of post-release supervision and 100 hours of community service, along with a mental health evaluation and counseling, including for his gambling addiction.
First District Court in Hempstead
Agnello pleaded guilty in 2024 to one count of wire fraud after prosecutors said he received three loans from the Small Business Administration on behalf of Crown Auto Parts & Recycling LLC. Prosecutors said the loan paperwork falsely stated that he had no criminal record, while they said he had two prior convictions.
He also faces separate charges from a June arrest in East Norwich, where he was charged after allegedly choking his girlfriend. He pleaded not guilty in First District Court in Hempstead to charges of third-degree assault, criminal obstruction of breathing and criminal mischief.
The immediate consequence is straightforward: Agnello either completes the kidney donation by Monday or starts his prison term then. Whether the transplant can still happen by Monday is the unresolved part left by the court order.
