DA: Correction Officer, Accomplice Smuggled Contraband Into Sing Sing

OSSINING, NY — An Irvington man and a Sleepy Hollow resident were arraigned Thursday on an indictment that accuses them of smuggling contraband to inmates at Sing Sing Correctional Facility in Ossining in exchange for payments.

"A correction officer allegedly violated his oath and duty by working with someone outside the facility to create a potentially dangerous environment for the incarcerated population and his fellow officers," Westchester County District Attorney Miriam E. Rocah said in an announcement about the indictment. "Our office will continue to work with the New York State Department of Corrections and Community Supervision to investigate and prosecute those who participate in these kinds of schemes."

The two were arrested by the DA’s Office and arraigned before Judge Robert Prisco in Westchester County Court after a grand jury indicted them on the following charges:

• Jose Estevez-Luciano, 33, of Irvington, a New York State correction officer assigned to Sing Sing since 2015, was charged with Conspiracy in the Fifth Degree, Bribe Receiving in the Second Degree, 12 counts of Bribe Receiving in the Third Degree, 12 counts of Promoting Prison Contraband in the First Degree, Promoting Prison Contraband in the Second Degree, and 13 counts of Official Misconduct.
• Francis De La Cruz, 24, of Sleepy Hollow, was charged with Conspiracy in the Fifth Degree, Bribe Receiving in the Second Degree, 12 counts of Bribe Receiving in the Third Degree, 12 counts of Promoting Prison Contraband in the First Degree, and Promoting Prison Contraband in the Second Degree.

The indictment alleges that the two conspired to smuggle cell phones and other contraband into Sing Sing between Oct. 14, 2021 and Aug. 2, 2023. Specifically, it is alleged that they agreed that De La Cruz would receive the contraband and accept payments from associates of the inmates at the direction of Estevez-Luciano, and thereafter De La Cruz would provide the contraband to Estevez-Luciano who would deliver the contraband to the prisoners in exchange for the payments.

Prosecutors alleged that Estevez-Luciano did in fact smuggle cell phones and other contraband into the prison and delivered it to the intended recipients with the agreement to accept payments, including one such payment being in excess of $5,000.

"The Department has zero tolerance for misconduct by staff, especially that which jeopardizes the safety of their colleagues, as well as incarcerated individuals and the community at large," said New York State Department of Corrections and Community Supervision Acting Commissioner Daniel F. Martuscello. "This alleged conduct of the correction officer in this case is an egregious violation of the oath of office and a gross dereliction of duty. I commend the diligent work of our Office of Special Investigations and thank the Westchester County District Attorney’s Office for their partnership and willingness to pursue these charges.”"

Estevez-Luciano was suspended without pay following his arraignment.

The Public Integrity and Law Enforcement Integrity Bureau of the Westchester County District Attorney’s Office and the New York State Department of Corrections and Community Supervision Office of Special Investigations, conducted the investigation.

The case is before Westchester County Court Judge George Fufidio and being prosecuted by Public Integrity and Law Enforcement Integrity Deputy Bureau Chief Jennifer Sculco and Assistant District Attorney Renee Hassel, both of the Trials and Investigations Division.

The charges against the two are merely accusations, and they are presumed innocent unless and until proven guilty.