Harvey Weinstein news: Disgraced former Hollywood producer granted appeal in NY sex crimes case

Is Harvey Weinstein in prison? He was sentenced to 23 years in 2020

ByAaron Katersky and Meredith Deliso ABCNews logo
Thursday, August 25, 2022
Weinstein granted appeal in NY sex crimes conviction
The New York Court of Appeals, the state's highest court, has agreed to hear Harvey Weinstein's appeal of his sex crimes conviction in Manhattan.

NEW YORK -- Disgraced former Hollywood producer Harvey Weinstein has been granted an appeal in his New York sexual assault case.

The New York Court of Appeals, the state's highest court, agreed Wednesday to hear his appeal of his 2020 sex crimes conviction in Manhattan.

Weinstein, 70, was sentenced to 23 years following a landmark trial during the #MeToo movement that found him guilty of criminal sexual assault and rape in the third degree.

He has argued certain testimony allowed at trial was improper and a juror who wrote a novel about "predatory older men" should have been disqualified.

Weinstein's attorneys have until Oct. 18 to file a brief with the court to begin the appellate process, the docket shows.

The Appellate Division's First Department previously upheld Weinstein's conviction, but outgoing Chief Judge Janet DiFiore granted Weinstein's motion for leave to file an appeal.

RELATED: Harvey Weinstein's rape conviction upheld by New York appeals court

In a statement provided to ABC News, Harvey Weinstein said, "I am innocent of these charges, and I am so grateful to my attorneys for working hard and smart of this. Their hard work will help me prove my innocence in the end. I look forward to this opportunity to be heard by the New York Court of Appeals."

A spokesman for Weinstein said in a statement to ABC News that the court's decision "demonstrates that there is, in fact, merit to the appeal. There was plenty wrong with the trial and conviction and Harvey's attorneys will do what is needed to prove his innocence of the charges."

The Manhattan District Attorney's office, which brought the charges against Weinstein, declined to comment Wednesday.

The sentence included 20 years for criminal sexual assault in the first degree, which stems from an accusation from former "Project Runway" production assistant Mimi Haley. It also included three years for rape in the third degree, stemming from an accusation from Jessica Mann.

Weinstein faced a minimum of probation and a maximum of four years in prison on the rape conviction, and between five and 25 years on the criminal sexual assault conviction.

He was found not guilty in that trial of the more serious charges of predatory sexual assault and of rape in the first degree.

Weinstein is currently jailed in Los Angeles awaiting trial there on sex crime charges. He faces four felony sexual assault charges for allegedly attacking two women in separate incidents in February 2013 within a day of each other.