PEOPLE v. FARFAN (2026)

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 22, 2024, as amended October 1, 2024, convicting defendant, upon his plea of guilty, of aggravated criminal contempt and attempted burglary in the second degree, and sentencing him, as a second felony offender, to an aggregate term of five years, unanimously affirmed.

We agree with defendant that the waiver of the right to appeal was invalid (see People v Wann, 236 AD3d 472, 473 [1st Dept 2025];  People v Ramos, 122 AD3d 462, 464 [1st Dept 2014];  see also People v Trulove, 238 AD3d 55, 62 [1st Dept 2025] ).

Nevertheless, we perceive no basis for reducing the sentence.  Defendant contends that because the court and the parties had the mistaken impression that the minimum term was five years instead of three, defendant's sentence should be reduced to the three-year minimum term.  However, there is no basis for defendant's assumption that he otherwise would have been permitted to plead guilty in exchange for a term of three years (cf.  People v Chandler, 307 AD2d 770, 771 [4th Dept 2003];  People v Ruiz, 284 A.D.2d 486 [2d Dept 2001] ).  We note that defendant has not challenged the voluntariness of his plea, nor has he argued that counsel was ineffective.