Harvey Weinstein to appear in NYC court next week in first step toward retrial

by New York's highest court, is expected to take his first step toward being retried when he appears in court next week.

The district attorney's office said it intends to retry Weinstein if the complaining witnesses are willing to participate in another trial. In a scathing 4-3 opinion released on Thursday, the New York Court of Appeals found that the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."

Weinstein spokesperson Juda Engelmayer told ABC News on Thursday that they are "happily surprised" by the ruling. His appellate case lawyer, Arthur Aidala, said in a Thursday press conference that the court's decision showed that "yes, no one is above the law, but no one is below the law either.

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