More than two years after his rape conviction, Harvey Weinstein is granted an appeal

Harvey Weinstein walks away from the court room with his lawyer Benjamin Brafman at the New York State Supreme Court on October 11, 2018 in New York City.

Stephanie Keith | Getty Images

Once powerful Hollywood mogul Harvey Weinstein was granted an appeal Wednesday, more than two years after he was convicted of third-degree rape and other crimes.

The ruling, from New York State of Appeals Chief Judge Janet DiFiore, clears the way for oral arguments next year before the entire court, a court spokesman said.

Weinstein’s attorney, Arthur Aidala, told NBC News that they were grateful for the decision, which he said “acknowledged the unique legal issues in this case.”

“We are hopeful the entire court will find that Mr. Weinstein did not receive a fair trial and reverse his conviction,” Aidala said.

Weinstein remains steadfast in his innocence, Aidala said.

The full court could either affirm the lower court’s decision and uphold the conviction or reverse the decision and vacate his conviction. The court could also order a new trial or modify his conviction by upholding some charges and vacating others.

Weinstein was convicted in February 2020 on two charges of committing a criminal sexual act in the first degree and third-degree rape. He was sentenced to 23 years in a New York State prison.

The conviction stemmed from allegations made by two women, former aspiring actress Jessica Mann and a former “Project Runway” model, Mimi Haley.

Weinstein was acquitted of two counts of predatory sexual assault, a crime that carried a possible life sentence, and one count of first-degree rape.

More than 80 women accused the Oscar-winning producer of sexual assault and harassment. In Los Angeles, he was charged last year with 11 counts of rape and sexual assault. He pleaded not guilty to the alleged crimes.


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