Bill Cosby has arrived at a suburban Philadelphia courthouse where a judge will decide whether to dismiss a sexual assault case against the

comedian. (Feb. 3) AP

Bill Cosby enters courthouse for Day 2 of hearing in his sexual-assault case, in Norristown, Pa., Feb. 3, 2016.(Photo: TRACIE VAN AUKEN, EPA)

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NORRISTOWN, Pa. — Bill Cosby's first hearing in his criminal case resumed Wednesday, but an expected decision — on whether the sexual-assault charges will be tossed or proceed to trial — was delayed, at least temporarily, by the judge.

Montgomery County Judge Steven O'Neill had said he would rule Wednesday, but he decided after the lunch break he wanted to hear more testimony from Cosby's prosecutors, who are trying to persuade O'Neill not to toss the criminal charges against Cosby.

Testimony on Wednesday focused on the much-debated 2005 "no-prosecution" deal that Cosby says shields him from prosecution now.

Prosecutors argued that Cosby does not have a  valid immunity deal and the ex-district attorney who testified he approved an immunity deal in an oral agreement 11 years ago has no credibility.

“A secret agreement that permits a wealthy defendant to buy his way out of a criminal case isn’t right,” declared current Montgomery County District Attorney Kevin Steele.

Cosby's lawyers argued that prosecutors can and do make no-prosecution deals with defendants all the time, and those deals are binding on future prosecutors.

“This prosecution should be stopped in its tracks,” said Cosby lawyer Christopher Taybeck. "When a prosecutor gives his word, that’s something that is enforceable.”

Testimony on Day 2 focused on the decision 11 years not to put in writing an agreement between Cosby and the then-district attorney Bruce Castor not to prosecute him on criminal charges.

Cosby’s general counsel, John Schmitt, testified that he and Cosby were satisfied with the press release about the agreement, written and signed by Castor in 2005, as the documentation they needed to show Cosby would never be prosecuted. Plus, Schmitt said, he received numerous “oral assurances” from Castor that no charges could ever be filed.

Without these, Schmitt said, he would never have let Cosby sit for a deposition for a civil suit if there was a potential threat of criminal prosecution for what he said.

"Certainly not," Schmitt said.

Dolores Troiani, the lawyer for Andrea Constand, the accuser in the criminal case, also testified Wednesday, saying she was not informed of the Castor-Cosby no-prosecution deal and only learned about it via Castor's press release. She was surprised by its tone about her client.

“Basically, I had to read her this,” she said, “and it was a very harsh statement.”

Earlier, Cosby, again in a suit and tie, smiled and nodded at onlookers as security-assistants helped him walk up a ramp into the courthouse. Some supporters yelled, "We love you, Bill!" according to the Associated Press.

Bill Cosby gives double thumbs up as he leaves courthouse in Norristown, Pa., on Feb. 2 , 2016.(Photo: KENA BETANCUR, AFP/Getty Images)

Judge O'Neill said Wednesday, after seven hours of testimony on Tuesday, that he expected to decide today on Cosby's motion to dismiss the felony indecent assault charges filed by Steele in December, in connection with an encounter with ex-Temple University employee Constand at Cosby's home nearby in 2004.

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USA TODAY

Key witness to Bill Cosby: 'I'm not on your side'

Constand said Cosby drugged and raped her; Cosby said the encounter was consensual. Now, 12 years later, Steele hopes to use Cosby's own words about the encounter — from a recently released deposition in a civil suit Constand and Cosby settled in 2006 — to bolster his charges that Cosby committed a crime.

Before she filed her civil suit, Constand tried to pursue Cosby on criminal charges in 2005, but then-DA Castor declined to prosecute for lack of evidence.

According to his testimony Tuesday, Castor believed Constand had been molested by Cosby but he thought he couldn't prove it a year after the alleged crime. Also, he had doubts about Constand's credibility and thought her behavior in interviews with police was "inconsistent" with that of a rape victim, he said in testimony.

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The former District Attorney who declined a decade ago to bring sex-crime charges against Bill Cosby testified Tuesday that he believes his decision shields the comedian from ever being prosecuted in the case. (Feb. 3) AP

Troiani's testimony Wednesday served to undercut some of Castor's reasons for his actions and inactions regarding Cosby and Constand 10 years ago. She dismissed Castor's stated reasons for not prosecuting Cosby, suggesting his real reasons were political since he was running for office at the time. Troiani said Castor likely didn’t want to “alienate fans of Dr. Huxtable,” Cosby’s character in The Cosby Show.

Anyway, she said, she didn't need Castor to promise Cosby not to prosecute to get Cosby to sit for a deposition in the civil suit; if he refused, she said, she could ask a judge to compel him.

Maria Puente reported from McLean, Va., and Brittany Horn of The News Journal reported from Norristown, Pa.

epa05141324 US entertainer Bill Cosby (C) enters the
Bill Cosby, 78, enters the Montgomery County Courthouse for the second day of a hearing regarding charges stemming from an alleged sexual assault in 2004 in Elkins Park, Pennsylvania. Cosby has been charged with Aggravated Indecent Assault, which is a second degree felony, by the Pennsylvania prosecutor.  TRACIE VAN AUKEN, EPA
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Comedian Bill Cosby arrives at the Montgomery County
Starting in the fall of 2014, comedian Bill Cosby, 78, has been accused by about 60 women of drugging and sexuallyassaultingthem in episodesdating as far back as the 1960s. On Dec. 30, 2015, he was officially charged in Norristown, Pa., for an alleged assault in 2004.  KENA BETANCUR, AFP/Getty Images
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Comedian Bill Cosby arrives at the Montgomery County
Cosby arrived for the second day of the hearing, which began on Feb. 2, flocked by aides.  KENA BETANCUR, AFP/Getty Images
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US comedian Bill Cosby arrives to the Montgomery County
Here Cosby arrives to the Montgomery County courthouse on Feb. 2 for the first day of the hearing.  Kena Betancur,AFP/Getty Images
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US comedian Bill Cosby arrives at the Montgomery County
Cosby's legal team hopes to convince the judge to dismiss the charge against him.  Kena Betancur, AFP/Getty Images
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US comedian Bill Cosby arrives on Dec. 30, 2015, to
Cosby arrives on Dec. 30, 2015, to the Court House in Elkins Park, Pa. to face charges of aggravated indecent assault. Cosby was arraigned over an incident that took place in 2004 -- the first criminal charge filed against the actor after dozens of women claimed abuse.  Kena Betancur, AFP/Getty Images
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Bill Cosby walks the press gauntlet upon arrival for
Bill Cosby walks past the press upon arrival for his arraignment, Wednesday, in Elkins Park, Pa. Cosby was charged Wednesday with drugging and sexually assaulting a woman at his home 12 years ago.  Matt Rourke, AP
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Bill Cosby leaves the Court House in Elkins Park, Pa.
Bill Cosby leaves the Court House in Elkins Park, Pa. after a 10 minute arraignment on charges of aggravated indecent assault. Cosby pleaded not guilty,posted $1 million bail, and turned over his passport as a condition for being released on bail.  Kena Betancur, AFP/Getty Images
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This booking photograph of Bill Cosby released by the
This booking photograph of Bill Cosby released by the Montgomery County District Attorney's Office, who was arrested and charged Wednesday.  Montgomery County Office of the District Attorney via AP
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FILE - In this Nov. 6, 2014, file photo, entertainer
On Dec. 30, 2015, he was officially charged in Norristown, Pa., for an alleged assault in 2004.  AP
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Bill Cosby reacts to a reporter's question while attending
Dec. 30, 2015, marks the first time charges have been officially brought against the beleaguered comedian.  Mark Lennihan, AP
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"The evidence is strong and sufficient enough to proceed
"The evidence is strong and sufficient enough to proceed with the charges," Montgomery County Assistant District Attorney Kevin R. Steele said at a news conference. The decision by his boss, District Attorney Risa Vetri Ferman, reverses a decision by her predecessor who had ruled that there was not enough evidence to warrant an arrest.  AP
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SPECIAL TO USA TODAY--Robert Culp, right, and Bill
Cosby made his acting debut in 1965 as Alexander Scott in adventure-espionage series 'I-Spy.' The show marked the first time a black performer starred in a regular, prime-time U.S. drama.  AP
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Cosby created 'Little Bill,' which premiered in 1999
Cosby created 'Little Bill,' which premiered in 1999 on Nickelodeon.  Nickelodeon
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Cosby showed how innocent children are with 'Kids Say
Cosby showed how innocent children are with 'Kids Say the Darndest Things,' which first aired in 1998.  Monty Brinton, CBS
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Cosby stands with his wife and Nelson Mandela in 1997.
Bill Cosby stands with his wife Camille and former South African president Nelson Mandela in 1997. Mandela died in 2013.  Sasa Kralj, AP
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Oprah Winfrey massages Cosby on her show. The comedian
Oprah Winfrey with Cosby on her show. The comedian wears a "Hello, Friend" shirt. That's the name of the foundation established after Cosby's son, Ennis, was killed in 1997.  George Burns, AP
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Ennis Cosby was shot in 1997. Bill Cosby sits with
Ennis Cosby was shot in 1997. Bill Cosby sits with his son at a Knicks game in 1994.  Andrea Mohin, AP
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Bill Cosby holds up a portrait of Ennis before the
Bill Cosby holds up a portrait of Ennis before the taping of an episode of 'Cosby' after his son's murder in 1997.  Alan Singer, AP
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AUSTIN, TX - MARCH 10: Actor/comedian Bill Cosby performs
Well into his 70s, Cosby has continued doing comedy. He performs at SXSW in March 2014.  Jonathan Leibson, Getty Images
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LAS VEGAS, NV - SEPTEMBER 26: Comedian/actor Bill
In September 2014, at age 77, Cosby performs at the Treasure Island Hotel & Casino in Las Vegas.  Ethan Miller, Getty Images
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Entertainer and Navy veteran Bill Cosby speaks during
Cosby speaks during a Veterans Day celebration in November 2014 at the All Wars Memorial to Colored Soldiers and Sailors in Philadelphia.  Matt Rourke, AP
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Entertainer Bill Cosby photographed at his agent's
USA TODAY photographed the entertainer in Los Angeles in 1998.  Amy Etra
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