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AUBURN — Last month, a Cayuga County probation officer made a surprise visit at Brian Swan's home in Genoa and found methamphetamine, scales and plastic baggies spread throughout his room, and on Thursday, Swan admitted his intent to sell some of the drug. 

Swan, 31, of 1244 Route 34, pleaded guilty in Cayuga County Court Thursday to third-degree criminal possession of a controlled substance, a class B felony. His plea satisfied two other charges, seventh-degree criminal possession of a controlled substance and second-degree criminal use of drug paraphernalia, class A misdemeanors. 

During his plea, Swan said he possessed more than 1/8 of an ounce of methamphetamine on May 12, and while he intended to use some of it himself, he also planned to sell some of it to support his own addiction.

"I'm an addict," he said. "I intended to sell some of it to support my addiction so I could get more." 

In exchange for his plea of guilty, Cayuga County District Attorney Jon Budelmann recommended Swan be sentenced to no more than three years in prison and three years post-release supervision. That would make Swan eligible for a shock camp order, which would allow him to serve the majority of his sentence on parole supervision while receiving intensive substance abuse treatment. 

Swan was previously sentenced to five years probation in 2014 for third-degree attempted burglary. As a second felony offender, he could face up to 12 years in prison. 

Swan was remanded to Cayuga County Jail without bail. His sentencing was scheduled for Aug. 9. 

Also in court

• A Cayuga County man was rated a level 3 sex offender for having sex with an underage girl. 

Joseph Kowal, 30, of 5555 W. Lake Road, Fleming, appeared in Cayuga County Court Thursday for a sex offender risk level assessment. Kowal was sentenced to two years in prison and five years post-release supervision in 2016 for third-degree rape

Budelmann said Kowal had a "sexual relationship" with a 16-year-old girl in 2013. Then, he said, the girl became pregnant, and Kowal fled to another state to evade police. 

Kowal was ultimately extradited to New York in April 2015 after an unrelated arrest in Florida. He ended up pleading guilty to third-degree rape in July 2016. 

Following some extensive input from the district attorney and Kowal's defense attorney, Rome Canzano — regarding Kowal's criminal record, history of substance abuse and acceptance of responsibility — Judge Leone found Kowal was a non-violent level 3 sex offender. Level 3 offenders are deemed a high risk to reoffend and must register as a sex offender for life. 

Kowal is currently incarcerated at Mohawk Correctional Facility. He is scheduled to be released July 6. 

Staff writer Megan Blarr can be reached at (315) 282-2282 or Follow her on Twitter @CitizenBlarr. 


Crime and Courts Reporter