Harvey Weinstein To Remain in Prison Despite New York Court Overturning Sexual Assault Conviction

His New York rape conviction was overturned but one in California stands

Harvey Weinstein
Harvey Weinstein will remain in prison. Photo by Etienne Laurent-Pool/Getty Images

Harvey Weinstein's New York rape conviction was overturned by the state's highest court Thursday.

The Court of Appeals said the judge improperly let women testify about allegations that weren't part of the case.

"We conclude that the trial court erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes," the court's 4-3 decision said.

The judges said that testimony deprived Weinstein of a fair trial and ordered that he face a new trial.

Weinstein was charged with one count of first-degree criminal sexual act based on allegations that on July 10, 2006, he forcibly performed oral sex on a woman in his New York City apartment and a count of first-degree rape and a count of third-degree rape on allegations that on March 18, 2013, he engaged in forcible intercourse and oral sex with another woman.

He also was charged with two counts of predatory sexual assault based on allegations that he attacked another woman in 1993 or 1994.

The jury acquitted him of both counts of predatory sexual assault and the first-degree rape count and convicted him of first-degree criminal sexual act for the July 10, 2006 charge and third-degree rape for the March 18, 2013 incident.

The court ordered that the disgraced Hollywood mogul should face a new trial.

Weinstein was separately sentenced to 16 years in prison in California for rape. That conviction still stands and Weinstein will remain behind bars.

Tags
New York, Harvey Weinstein, Entertainment
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