Press release
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.