Defendant, Chad Dauman, is charged with assault in the second degree, a Class D felony, in violation ofPenal Law §120.05(2); and criminal possession of a weapon in the fourth degree, a class A misdemeanor, in violation of Penal Law §256.01(2). Defendant moves, by motion dated August 12, 2011, through his attorney Brian W. Devane, Esq., to terminate prosecution pursuant to CPL §180.85. The People filed opposition to defendant's motion, dated September 23, 2011. The matter now comes before the Court for a decision.

Under CPL §180.85, either party (or the court sua sponte) may move for an order terminating prosecution of the charges contained in a felony complaint, on consent of the parties. CPL §180.85(1) and (2). This section was enacted to dispose of stale felony cases. The People have opposed defendant's motion to terminate as permitted by CPL §180.85(3).

This action was commenced on March 13, 2005, the date on which defendant was arraigned on the charges. Defendant waived the action to the Grand Jury and no further activity has been [*2]recorded. Here, the People have failed to pursue their case against defendant, although more than six years have passed. This Court will defer defendant's motion for a period of forty-five days pursuant to CPL §180.85(4). The Court will take no further action on these charges before that time, unless the People make a request to restore the charges to the Court's calendar.

All motions not granted herein are hereby denied. This opinion shall constitute the Decision and Order of the Court. The matter is adjourned to December 20, 2011 at 10:00 a.m.

ENTER.SO ORDERED.

This 1st day of November, 2011___________________________________

Albany, New YorkRachel L. Kretser

Albany City Court Judge