In vacating Weinstein’s conviction, the Court of Appeals ruled that the trial judge, James M. Burke, unfairly allowed testimony against him based on allegations from other women that were not part of the case. Burke is no longer on the bench and such testimony won't be part of the retrial.

Harvey Weinstein may testify at his upcoming retrial according to his lawyer Arthur Aidala. While it’s rare for defendants in high-profile cases to take the stand, Aidala said they have discussed the possibility,