All of the appellate judges concurred with the opinion.
In a statement, Weistein spokesman Juda Engelmayer said his legal team was “disappointed, but not surprised.”
“We are considering all of our options and will seek to appeal to the appellate courts and beyond.”
Manhattan District Attorney Alvin Bragg expressed in a statement his gratitude for a decision upholding “a monumental conviction that has changed the way prosecutors and courts approach complex sexual predator prosecutions.”
Weinstein’s appeal was filed last April, about a year after he was convicted of first-degree criminal sexual act and third-degree rape. He is serving a 23-year prison sentence.
In a motion filed last year, Weinstein’s lawyers argued that the disgraced Hollywood mogul’s 2020 conviction should be overturned because his trial was flawed for several reasons, including a biased judge and jury.
A lawyer for Weinstein argued the appeal during a hearing before a panel of New York State Court of Appeals judges in December, saying a juror who had written a book involving “predatory men “had misled the court about the contents of the book and should have been dismissed.
Manhattan Assistant District Attorney Valerie Figueredo argued the book was unrelated to the conduct Weinstein was charged with.
“It simply did not demonstrate that she had any bias or state of mind that rendered her unable to render a fair and impartial verdict,” Figueredo told the five judges of the first appeal division. Judiciary Department of the Supreme Court of the State of New York.
Weinstein’s attorney, Barry Kamins, also argued that the trial jurors were overwhelmed with “bad evidence” that should not have been admitted by the judge.
“It was a trial of his character,” Kamins said, later adding, “I don’t think there was a case, that I can remember, where the stacking was as obvious as in this case. .”
Weinstein has maintained his innocence and has denied all allegations made against him since they first emerged, sparking the #MeToo movement and encouraging women to speak out and share their own experiences of sexual abuse and misconduct.
In the New York case, he was ultimately convicted largely based on the testimony of Miriam Haley and Jessica Mann. Haley testified that Weinstein forcibly performed oral sex on her in 2006 at his Manhattan apartment, and Mann testified that he raped her in 2013 during what she described as an abusive relationship. He was found not guilty of predatory sexual assault and one count of first-degree rape.