At least one judge sitting on a New York appellate panel on Wednesday appeared to credit the arguments of Harvey Weinstein’s attorneys, who argue that a juror in the disgraced movie mogul’s trial who was writing a novel about “predatory older men” should have been excused.

Weinstein is serving a 23-year prison sentence in a maximum-security prison after he was found guilty on criminal sexual act and third-degree rape charges. His attorneys are fighting to get the conviction reversed.