The Court of Appeals recently overturned the criminal conviction of noted Hollywood producer Harvey Weinstein. The majority opinion, written by Judge Jenny Rivera and joined by Chief Judge Rowan D. Wilson, Appellate Division, Second Department Justice Betsy Barros and Appellate Division, Third Department Justice Christine M. Clark, reversed a decision of the Appellate Division, First Department that had affirmed Weinstein’s conviction. Judge Madeline Singas wrote a dissenting opinion joined by Judges Michael Garcia and Anthony Cannataro, and Cannataro wrote a dissenting opinion joined by Singas and Garcia. Judges Shirley Troutman and Caitlin Halligan took no part in the decision.

In an extremely well-publicized case, the defendant was charged by the Manhattan District Attorney’s Office with one count of first-degree criminal sexual act under Penal Law Section 130.50(1) based on an alleged sexual assault on a victim (Complainant A) in July 2006; one count of first-degree rape under Penal Law Section 130.35(1) and one count of third-degree rape under Penal Law Section 130.25(3) based on an alleged sexual assault on a second victim (Complainant B) in March 2013; and two counts of predatory sexual assault under Penal Law Section 130.95(2) based on allegations that he engaged in the alleged sexual assaults against Complainants A and B after having raped a third victim in 1993 or 1994.