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Harvey Weinstein’s New York rape conviction was overturned by the state’s highest court Thursday — which ordered that the disgraced Hollywood mogul should face a new trial.

In a 4-3 ruling, the New York State Court of Appeals found that a Manhattan judge “erroneously” allowed testimony from three women whose allegations weren’t connected to the case.

Harvey Weinstein leaving Manhattan Criminal Court on on February 21, 2020 in New York City. Kristin Callahan/ACE Pictures / SplashNews.com

The trial judge also “compounded that error” by ruling that Weinstein, if he chose to testify, could be grilled on the witness stand “about those allegations as well as numerous allegations of misconduct that portrayed defendant in a highly prejudicial light.”

“The remedy for these egregious errors is a new trial,” the appeals court said.

Weinstein, 72, has been serving a 23-year sentence in a New York prison following his conviction on charges of criminal sex act for forcibly performing oral sex on a TV and film production assistant in 2006 and rape in the third degree for an attack on an aspiring actress in 2013.

In spite of Thursday’s decision, Weinstein will remain in prison because he was separately sentenced in February 2023 to 16 years in prison in a Los Angeles criminal case for raping an Italian model. She testified that he threw himself onto her after appearing uninvited outside her hotel room during an Italian film festival there in 2013.

That conviction still stands.


Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Calif., on Oct. 4 2022.
Harvey Weinstein appears in court at the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, Calif., on Oct. 4 2022. AP

Reps for Weinstein and the Manhattan District Attorney’s Office did not immediately respond to requests for comment.

This is a developing story. Refresh for updates.

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