Harvey Weinstein has been granted the right to appeal his conviction by a New York court.
The former film producer was found guilty of rape and sexual assault back in February 2020.
A jury of 12 men and women found the then-67-year-old guilty on two of the five potential criminal charges he was accused of.
View this post on Instagram
In March 2020, Harvey was sentenced to 23 years in prison by Judge James Burke at the New York Supreme Court.
The 70-year-old has since been granted the right to appeal his conviction, and will have another chance to argue his case.
His lawyer, Arthur L. Aidala told Page Six: “Harvey lives to fight another day”.
“This isn’t about whether [Harvey] is innocent or guilty, but if he got a fair trial or not a fair trial. It’s about whether the trial judge followed the law.”
View this post on Instagram
The news comes after a denial for an appeal from the Appellate Division, First Department court back in June.
A five-judge panel found that the actions of Judge James Burke, who presided over Harvey’s trial, were appropriate and did not warrant overturning his conviction.
The defence has argued that the judge allowed several witnesses to testify about acts that, Harvey’s lawyer alleged: “Harvey was never charged with any bad acts regarding those witnesses.”
“As well as the fact there was one juror who has written a book about sexual predators that she lied about during jury selection.”
View this post on Instagram
Page Six have reported that all paperwork from both sides should be submitted by early next year, with oral arguments taking place in spring 2023.
“We would hope we would get a decision in late spring early summer of 2023,” Arthur told the outlet, adding that Harvey could “be a free man in 2023 or 2024.”
They reported that if the case goes to trial again, Harvey would have the chance to be released from prison on bail.
Harvey was accused of inappropriate sexual behaviour by over one hundred women during the #MeToo movement.
In the February 2020 sentencing, he was handed a 20 year prison stint for a first-degree criminal sex act on former production assistant, Miriam Haley.
The judge also imposed a three-year sentence for the third-degree rape of a woman.
According to The Guardian, Miriam’s victim impact statement claimed Harvey “not only stripped me of my dignity as a human being and as a woman…it diminished my confidence and faith in myself.”
