Batavia, NY – On November 30, 2019, at approximately 1:45 p.m., State Police stopped a vehicle on I-90 in the town of Batavia for a vehicle and traffic violation. During the interview of the driver, probable cause to search the vehicle was established. The driver, Colby J. Swain
, 34, of Amherst, NY, was found to be in possession of a quantity of marijuana. A duffle bag which was locked with a combination lock was located inside the vehicle. Swain refused to cooperate with the investigation which resulted in the Troopers obtaining a search warrant for the bag. Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45 caliber pistol with an 8-round magazine. Swain did not possess a pistol permit.
Swain was taken into custody, transported and processed at SP Batavia where he was charged with Criminal Possession of a Weapon 2nd
degree (loaded firearm other than a person’s home); a Class C Felony and Criminal Possession of Marijuana 3rd
degree; a Class E Felony.
Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.