Commonwealth of Pennsylvania v. Adam Lenard Swan

York, Pennsyvlania pro se litigant sought post conviction relief alleging ineffective assistance of counsel.



t on June 5, 2017, Officer Zachary Pelton and Officer Stephen Aderhold of the York City Police Department were investigating a report of gunshots near McKinley Elementary School. See N.T. Trial, 3/15-16/18, at 85-86; Compl. (Aff. of Probable Cause), 6/5/17, at 1. Officers Pelton and Aderhold drove to the area of the 200 block of Hersh Avenue to look for the shooter. See N.T. Trial, 3/15-16/18, at 86; Compl. (Aff. of Probable Cause), 6/5/17, at 1. While driving through the area in an unmarked police vehicle, the officers observed Appellant walking out of a garage. See N.T. Trial, 3/15-16/18, at 86, 98. Although the police vehicle was unmarked, Officer Pelton testified that he believed that Appellant recognized the car was a police vehicle because the officer was wearing a tactical vest bearing the word "Police" on it, and the vehicle had a large visible computer screen and radio. See id. at 86. Both officers testified that when Appellant saw the police vehicle he became nervous and froze. See id. at 86; 99. The officers stopped and exited the car, and they asked Appellant if he lived in the area. See id. at 87. Appellant answered in the negative, but he stated that his friend lived nearby.



Defendant was convicted of one count each of aggravated assault, resisting arrest, possession of cocaine, possession with intent to deliver (PWID) cocaine, and possession of a small amount of marijuana.



His petition for post conviction relief was denied.

Affirmed.