People v. Rosa

*351OPINION OF THE COURT

Denise L. Sher, J.

This criminal action commenced with the filing of a felony complaint on September 28, 1995, charging the defendant with a violation of Penal Law § 130.50 (1) (attempted sodomy in the first degree) and Penal Law § 120.05 (2) (assault in the second degree) arising from an incident that allegedly occurred on September 27, 1995. At the conclusion of a felony exam on November 30,1995 conducted pursuant to CPL 180.60 the court found that the evidence presented on the examination did not warrant holding the defendant on the aforesaid felony charges. At the…