Harvey Weinstein will not be sent back to California while he awaits a retrial on rape charges in New York

NEW YORK (AP) — Harvey Weinstein remains locked up in New York as a court decides whether he should remain in a city jail while he awaits a retrial in a rape case or be sent back to California to continue serving his sentence .

The fallen movie mogul refused to consent to an extradition request from California in connection with a separate rape conviction during a brief court hearing on Thursday. Weinstein remains held in New York during the extradition process.

Weinstein, who was released from a city hospital a few days ago, appeared at the hearing in a wheelchair and wearing a dark suit. Defense attorney Diana Fabi Samson later said outside court that her main concern was ensuring Weinstein receives the necessary medical care while he remains in custody in New York.

“He’s holding on as best he can,” she said.

Samson described Thursday’s court appearance as normal procedure and said California must first provide an arrest warrant signed by the governor.

“They are unable to extradite Mr. Weinstein because they did not do what they had to do,” lawyer Diana Fabi Samson said in court.

His next appearance is scheduled for August 7th.

The 16-year sentence Weinstein received in 2023 for raping a woman at a Los Angeles film festival in 2013 was on hold while he served time behind bars in New York after being convicted of rape in Manhattan in 2020 . But the conviction in the Empire State was overturned late last month and his 23-year prison sentence was vacated.

The 72-year-old remained in custody in New York while the Manhattan district attorney worked on a new case against him. At a hearing last week, prosecutors said they could be ready as early as September and that at least one of the two alleged victims was willing to testify again.

In this case, the once-powerful former film executive is accused of raping an aspiring actor in 2013 and sexually assaulting a television and film production assistant in 2006. He denies the allegations.

In overturning the conviction, New York’s highest court concluded that the judge had prejudiced Weinstein through inappropriate sentencing, including by allowing other women to testify about allegations he was not accused of.

The 2020 conviction was hailed at the time as a milestone in the #MeToo movement, an era that began in 2017 with a flood of allegations against Weinstein.

Weinstein was sent to a state prison in New York State to serve his sentence. After he was transferred to the city’s custody following the appeals court decision, he was taken to Bellevue Hospital in Manhattan, where he was treated for pneumonia and other medical problems, according to his publicist. He was transferred to the city’s Rikers Island prison complex on Monday.