Harvey Weinstein was sentenced to 23 years in prison

The New York Court of Appeals on Thursday upheld Harvey Weinstein’s conviction for rape and sexual assault, rejecting its decision to overturn the decision on the basis that a lawsuit was filed against him.

In a unanimous decision, all five New York Supreme Court appeal panels upheld the review judge’s rulings, which Weinstein said were procedurally inadequate and unfair.

“We reject the defendant’s arguments and affirm the conviction in all respects,” reads the 45-page order.

Weinstein was convicted in February 2020 of two out of five counts of first-degree sexual intercourse and third-degree rape. He was sentenced to 23 years in a New York State prison.

On appeal, Weinstein’s lawyers argued that Supreme Court Justice James Burke, who oversaw the trial, made several procedural errors and made other decisions that unfairly favored the prosecution. They pointed to Burke, who refused to acquit the allegedly biased jury and the evidence of an inadmissible crime.

Another of Weinstein’s central arguments in the appeal was that he was deprived of his constitutional right to defend himself, as prosecutors were allowed to question him about 28 incidents over nearly 30 years to reduce his credibility. The incidents concerned his alleged involvement in business-related misconduct, ranging from executive encouragement to lie on his behalf, ending with threats and acts of violence against people at work, among other things.

However, the Court of Appeal concluded that it was the judge who had the power to make these decisions.

“While we recognize the vast amount of impeachment material permitted by the court, we viewed this decision in the broader context of all the circumstances presented in this case and concluded that the court deliberately used its discretion,” the statement said. .

The judges considered all the material Burke allowed to be “certainly relevant”. They argued that prosecutors’ accusations of Weinstein’s lies were evidence of his credibility and that allegations of business misconduct “reflect the layout of the venue.” [his] “Personal interest is above the interests of others.”

“We are disappointed but not surprised,” said Judas Engelmeier, a spokesman for Weinstein.

Engelmeier added: “We will consider all our options and try to file a petition with the Court of Appeals and beyond.”