November 2, 2023
WHITE PLAINS, N.Y. – Westchester County District Attorney Miriam E. Rocah announced today that two men, including a correction officer, were arraigned on an indictment that charges the defendants with smuggling contraband to incarcerated individuals at Sing Sing Correctional Facility in Ossining in exchange for payments.
DA Rocah said: “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. 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.”
New York State Department of Corrections and Community Supervision Acting Commissioner Daniel F. Martuscello said: “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. 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.”
The defendants were arrested by the Westchester County District Attorney’s Office today and arraigned before Judge Robert Prisco in Westchester County Court after a Westchester County 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 defendants conspired to smuggle cell phones and other contraband into Sing Sing between Oct. 14, 2021 and Aug. 2, 2023. Specifically, it is alleged that the defendants agreed that De La Cruz would receive the contraband and accept payments from associates of the incarcerated individuals 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 incarcerated individuals in exchange for the payments.
It is further alleged that Estevez-Luciano did in fact smuggle cell phones and other contraband into the prison and delivered it to incarcerated individuals with the agreement to accept payments, including one such payment being in excess of $5,000.
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. Estevez-Luciano was suspended without pay following his arraignment.
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 defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Anna Young, Public Information Officer
(914) 995-6551
ayoung@westchesterda.net
