NORRISTOWN, Pa. (CBSNewYork/AP) — A Pennsylvania judge has refused to throw out the sexual assault case against Bill Cosby, despite claims that a previous district attorney had granted the comedian immunity from prosecution a decade ago.

Current Montgomery County District Attorney Kevin Steele had testified during the two-say proceedings that there was no non-prosecution agreement in writing, and if anything was agreed to in conversation it wasn’t legally binding, 1010 WINS’ Steve Kastenbaum reported.

The decision on Wednesday means the case will move to a March 8 preliminary hearing to see if prosecutors have enough evidence to prove Cosby assaulted the accuser at his Philadelphia-area home more than a decade ago.

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The case was reopened last year based on Cosby’s newly released deposition in the accuser’s lawsuit and similar accusations raised by dozens of other women. It’s the first time Cosby has faced charges despite years of similar accusations.

In the deposition, Cosby stated he obtained quaaludes to give to women he wanted to have sex with and gave the accuser three pills at his home.

Judge Steven T. O’Neill also refused a defense request to disqualify the prosecutor from the case.

Cosby’s lawyers were hoping to disqualify Steele because the Cosby case was an issue in last fall’s hotly contested DA’s race against Bruce Castor.

Steele ran ads criticizing Castor for not prosecuting Cosby when he had the chance

During the two-day proceeding, Cosby showed little emotion. During the ruling, he held his head in his hands but later smiled at his lawyers.

Cosby is charged with aggravated indecent assault in the case.

The alleged incident happened in 2004, when Cosby supposedly invited Andrea Constand — a former athlete and administrator at Cosby’s alma mater Temple University — to his $2 million home.

According to a 23-page complaint, Cosby gave Constand “three blue pills” that he claimed were “herbal.” Within a half hour, Constand experienced “blurred vision and difficulty speaking,” the complaint said.

Court documents allege Cosby then fondled Constand.

Cosby’s attorney said her client and the alleged victim had a consensual relationship and she’s confident he’ll be cleared of any wrongdoing.

If convicted, Cosby faces up to 10 years in prison.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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