Harvey Weinstein granted appeal by NY court: 'We are hopeful,' says his lawyer

Former film producer Harvey Weinstein listens in court during a pre-trial hearing for Weinstein, who was extradited from New York to Los Angeles to face sex-related charges at Clara Shortridge Foltz Criminal Justice Center on July 29, 2021 in Los Angeles, California.
Former film producer Harvey Weinstein listens in court during a pre-trial hearing for Weinstein, who was extradited from New York to Los Angeles to face sex-related charges at Clara Shortridge Foltz Criminal Justice Center on July 29, 2021 in Los Angeles, California.

Photo credit Etienne Laurent-Pool/Getty Images

NEW YORK (1010 WINS) -- Disgraced movie studio executive and convicted rapist Harvey Weinstein was granted an appeal Wednesday by a New York court -- more than two years after he was convicted of third-degree rape, among other crimes.

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At the time, acting Manhattan Supreme Court Justice James Burke sentenced Weinstein, now 70, to 23 years in prison following the one-month trial. Weinstein is currently in a Los Angeles jail awaiting his trial scheduled for Oct. 7.

On Wednesday, New York State of Appeals Chief Judge Janet DiFiore -- who is stepping down from the bench next week, according to the New York Law Journal -- granted the motion. It states that there are "questions of law" involved with the case that should be further scrutinized by the Court of Appeals.

The ruling paves the way for oral arguments next year before the entire court, a court spokesman said, according to NBC News, which added that the conviction could be modified of vacated.

"We are hopeful the entire court will find that Mr. Weinstein did not receive a fair trial and reverse his conviction," Weinstein's attorney, Arthur Aidala, told NBC News.

Aidala, told NBC News that they were grateful for the decision, which he said "acknowledged the unique legal issues in this case."

Featured Image Photo Credit: Etienne Laurent-Pool/Getty Images