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The Harvey Weinstein Appeal Ruling, Annotated

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The Harvey Weinstein Appeal Ruling, Annotated

The 2020 conviction of Harvey Weinstein on felony sex crime charges in Manhattan was overturned on Thursday by New York’s top court. The ruling by the New York Court of Appeals said the trial judge in Mr. Weinstein’s case, Justice James M. Burke, erred in letting prosecutors call some women as witnesses who said Mr. Weinstein had assaulted them, but whose accusations were not included as charges.

The appeals court found that Mr. Weinstein, the disgraced Hollywood producer whose case ignited the #MeToo movement, had not received a fair trial. In a statement, a spokeswoman for the Manhattan district attorney’s office said, “We will do everything in our power to retry this case and remain steadfast in our commitment to survivors of sexual assault.” Donna Rotunno, Mr. Weinstein’s lead trial lawyer in New York, praised the ruling, saying, “They were prosecuting him for sins, not crimes.”

Mr. Weinstein, who was also sentenced to 16 years in prison in a California conviction, could be sent to that state to continue his sentence there, according to his spokesman.

The New York Times annotated the ruling.

Download the original PDF.

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New York Times Analysis

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The overturning of Harvey Weinstein’s New York sex crimes conviction, and the ordering of a new trial, may feel like a sudden, shocking turn. In the public mind, he is a fully disgraced figure: sentenced to long prison terms in two cities, defined by the public testimonies of nearly 100 alleged victims whose stories formed the cornerstone of the #MeToo movement. But in legal terms, his New York conviction was always controversial, and his appeals always stood a chance.

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Central to the decision to overturn the conviction was something called “Molineux witnesses,” which refers to witnesses in a trial who are allowed to testify about criminal acts that the defendant has not been charged with committing.

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During the Weinstein trial, prosecutors sought to persuade jurors that he had a long history of using his prominence as a Hollywood producer to lure young women to hotel rooms and sexually assault them. They did this by calling other women to the stand who said Mr. Weinstein had assaulted them, including Dawn Dunning, Tarale Wulff and Lauren Young. Mr. Weinstein was not charged with assaulting those women, but Justice James Burke allowed them to appear for the prosecution as Molineux witnesses, also known as “prior bad act” witnesses.

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Complainant A is Miriam Haley, who previously went by the name Mimi Haleyi. At trial, she testified that she first met Mr. Weinstein at a movie premiere in London when she was a young production assistant.

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Complainant B is Jessica Mann, who was an aspiring actress when she met Mr. Weinstein and who testified at the trial. Prosecutors said she maintained a relationship with Mr. Weinstein to save her career.

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Complainant C is Annabella Sciorra, the actress best known for her roles in “The Sopranos” and “Jungle Fever.” She met Mr. Weinstein at a party in Los Angeles in the early 1990s when he was a young producer. She testified at the trial.

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Witness 1 is Dawn Dunning, who was a waitress and aspiring actress when she met Mr. Weinstein. He offered to help with her acting career, and she had initially believed him to be a mentor, prosecutors said. She testified at the trial.

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Witness 2 is Tarale Wulff, who was an aspiring actress waiting tables at an exclusive lounge in Manhattan when she met Mr. Weinstein. Mr. Weinstein, the restaurant owner’s friend, always sat at the owner’s table, where staff were expected to treat him well. She testified at the trial.

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Witness 3 is Lauren Young, a model who wanted to break into the film business. She brought a script to a meeting with Mr. Weinstein at a hotel bar in Beverly Hills, which prosecutors say was a ruse for Mr. Weinstein to sexually assault her. She testified at the trial.

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Thursday’s ruling in New York also raised questions about whether a separate conviction in California in 2022 — on rape and sexual assault charges — can survive a similar legal challenge. That case also relied in part on witnesses whose accusations did not lead to charges. Mr. Weinstein’s lawyer in the California case said she planned to file an appeal next month.

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The majority of the court appeared to take umbrage with the fierce statements of the dissenting judges, defending their ruling in numerous footnotes and throughout the opinion, a back-and-forth that suggested the decision had given rise to considerable tension among the judges.

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The appeals court agreed with Mr. Weinstein that the trial judge violated his right to testify in his own defense. The trial judge had ruled that if Mr. Weinstein took the stand, prosecutors would be allowed to question him about a long history of bad behavior, including allegations that he threw food at an employee and punched his brother at a business meeting. The appeals ruling said this “impermissibly” affected Mr. Weinstein’s decision not to testify at trial.

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Thursday’s decision did not discount the credibility of the accusations against Mr. Weinstein. Rather, it found fault with the admission of the testimony of women whose descriptions of abuse fell outside the criminal case.

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The reversal of the conviction was determined by a single vote, by a majority female panel of judges, who in February held a searching public debate about the fairness of the trial.

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Judge Madeline Singas wrote in a dissent that the witness testimony of the additional women, who described their disgust and horror at Mr. Weinstein’s advances, had made it clearer to the jury that the former producer had to have known that he did not have the women’s consent.

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Judge Singas’s fiery dissent accused the court of making it more difficult for victims to seek justice against their assailants in future cases.

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Judge Anthony Cannataro, who also dissented, wrote that the additional witnesses the prosecution presented were vital to show Mr. Weinstein’s pattern of manipulation and coercion.

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Video: Protesters Clash with Federal Agents Outside ICE Detention Center in New Jersey

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Video: Protesters Clash with Federal Agents Outside ICE Detention Center in New Jersey

new video loaded: Protesters Clash with Federal Agents Outside ICE Detention Center in New Jersey

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Protesters Clash with Federal Agents Outside ICE Detention Center in New Jersey

Protesters and immigration agents clashed outside Delaney Hall detention center in Newark, where activists have gathered for days to denounce conditions inside.

“Get back!” “Get back, get back, get back, get back, get back!” [chanting] “ICE, ICE has got to go. Hey, hey, ho, ho.” “We’ve heard repeatedly about these horror stories of pregnant women not getting access to care, of people with injuries not being treated. People shouldn’t have to starve themselves to make their dignity known.” “Down, down with the degradation.” “Down, down with the degradation.”

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Protesters and immigration agents clashed outside Delaney Hall detention center in Newark, where activists have gathered for days to denounce conditions inside.

By Christina Kelso

May 28, 2026

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How a Family of 4 Lives on $225,000 a Year in Washington Heights

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How a Family of 4 Lives on 5,000 a Year in Washington Heights

How can people possibly afford to live in one of the most expensive cities on the planet? It’s a question New Yorkers hear a lot, often delivered with a mix of awe, pity and confusion.

We surveyed hundreds of New Yorkers about how they spend, splurge and save. We found that many people — rich, poor or somewhere in between — live life as a series of small calculations that add up to one big question: What makes living in New York worth it?

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Ellen Hagan grew up in a small town in Kentucky, and moved to New York City as quickly as she could after she graduated from college. She arrived a few weeks before Sept. 11, and tried to get her bearings in a city turned upside down.

She found a group of fellow young artists and writers who wanted to take advantage of everything they could in the city, on very limited budgets. They went to poetry readings and dance parties, and rented tiny apartments in the East Village.

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All the while, Ms. Hagan was diligent about saving money, even when she had very little of it.

“I didn’t know what I was saving for, but I knew I wasn’t going to have a job that would give me a pension,” she said. “I wanted to make enough money to live the New York existence I was dreaming of.”

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Ellen Hagan learned to be diligent about saving money after she moved to New York.

Twenty-five years later, Ms. Hagan and her husband, David Flores, whom she started dating in her early years in New York, have much more money than they used to. Still, they feel more anxious about money than they hoped they would at this point in their lives.

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The couple both work at DreamYard, a Bronx arts nonprofit. Last year, they made $178,135 there collectively, with Ms. Hagan, 47, directing the poetry and theater programs, and Mr. Flores, also 47, serving as the head of visual art and design.

They typically bring in another $40,000 to $60,000 a year through their freelance work. Mr. Flores is an adjunct professor, a photographer and a filmmaker, and Ms. Hagan teaches at a graduate writing program and writes books and poetry. They try to set aside about 15 percent of their income each year to grow their savings.

The couple live in Washington Heights in Upper Manhattan with their two daughters, who are 12 and 15.

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Homeownership Doesn’t Solve Everything

As a young couple, Ms. Hagan and Mr. Flores lived in a 400-square-foot East Village rental. When their rent started to tick up, Ms. Hagan began looking for a place to buy, seeing homeownership as a buoy that would all but guarantee a secure financial life in New York.

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Sixteen years ago, the couple found a perfect apartment in Washington Heights and scrambled to cobble together a down payment. They pooled their savings to put a 15 percent down payment on the $335,000 home. Once they closed, they were left with only a few hundred dollars in savings, but were thrilled and relieved.

“I had this sense that when you buy, you’re set in New York City,” Ms. Hagan said.

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The reality, she has found, is more complicated.

The couple’s mortgage payment is $1,300 a month, and their maintenance fees keep rising, partially as a result of a new local law that requires increased inspections and repairs for buildings. Local Law 11 boosted their maintenance by $462 a month, at least temporarily, to about $1,900 total. And when the building’s management installed a new security system, each unit had to chip in $95 a month for three months.

Ms. Hagan loves the apartment, but she worries that they may eventually be priced out of their neighborhood.

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“This building isn’t going to be for us at some point,” she said. “This feels like, uh oh, they’re imagining people who have much higher incomes than we do.”

Keeping the Kids Busy

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Ms. Hagan and Mr. Flores, who each maintain packed calendars, have encouraged their daughters to adopt the same approach to city living.

“I’m definitely a proponent of, let’s fill your schedule and see what you love,” Ms. Hagan said.

The girls’ public school offers free debate and band classes before and after school, and they’ll appear this spring in the school’s productions of “Annie” and “The Addams Family.”

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The girls are also enrolled in a free theater academy at the People’s Theatre and writing workshops at Uptown Stories, which has a pay-what-you-can system. Ms. Hagan and Mr. Flores typically pay the full tuition, which is $800 for each 12-week session, and donate about $2,500 a year to the organizations their daughters are part of.

The couple’s older daughter, Araceli, who wants to be both a writer and a doctor, is enrolled in a medical training program for middle and high school students. She made $2,500 for completing an internship at a cardiothoracic intensive care unit last summer.

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Their younger daughter, Miriam, is going to a Y.M.C.A. camp this summer, which costs $2,600 for two weeks.

Ms. Hagan and Mr. Flores spent about $500 total on holiday gifts for both girls, and the couple doles out their daughters’ weekly allowances in two installments: $25 on Mondays and $25 on Fridays.

They shook their heads when Miriam, who is known as the most stylish member of the family, came home one day wearing a Dr Pepper T-shirt she’d bought at Target.

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“We were like, ‘What are you doing with your money?’” Ms. Hagan said.

The Fun Stuff

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The extra income from the couple’s freelance work allows the family to splurge on theater, vacations, books and memberships at the Museum of Modern Art and the Whitney Museum of American Art.

Sometimes, Ms. Hagan and Mr. Flores work together. A few years ago, they sold a young adult novel called “Tell Me Every Lie” they had co-written for a $35,000 advance, some of which went to their agent.

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Every little bit helps. The family is spending a weekend on Long Beach Island in New Jersey this summer, which will cost about $3,500. That price tag includes a hotel room big enough for four.

The family typically travels twice a year to Kentucky, where both Ms. Hagan and Mr. Flores are from, and where the couple co-owns a home in Louisville with Mr. Flores’s parents. They put $40,000 down and spend about $12,000 annually on expenses related to the home.

The family was hoping to travel to the Philippines this year, where Mr. Flores’s father is from, but they realized it could cost as much as $15,000. The trip is now on hold indefinitely.

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They spend about $700 a month on groceries from nearby supermarkets, and occasionally order grocery deliveries from FreshDirect.

Every Wednesday, when the girls come home late from theater class, someone picks up dinner at the nearby halal truck or the Dominican restaurant Malecon, which usually runs about $60.

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Dinner out as a family of four can easily cost $200, so Ms. Hagan and Mr. Flores typically eat at restaurants just once or twice a month. The other night, the whole family was hungry and craved Italian food from a favorite upscale spot nearby.

They balked, and walked around the corner to a diner instead. The meal was $120, all in.

We are talking to New Yorkers about how they spend, splurge and save.

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Gov. Sherrill Demands Access to ICE Facility as Hunger Strike Widens

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Gov. Sherrill Demands Access to ICE Facility as Hunger Strike Widens

Gov. Mikie Sherrill of New Jersey, a Democrat who has clashed with the Trump administration over immigration policies, joined protests outside a detention center in Newark on Monday in support of detainees participating in a hunger strike.

Ms. Sherrill heard from family members of detainees, who have complained about rotten and spoiled food and inadequate medical care at Delaney Hall. Dozens of protesters waved signs, banged on drums, and chanted “Free Them All!” The governor told the crowd she had requested access but was denied.

“No matter what your immigration status is, you shouldn’t be treated with anything less than dignity in this country,” said Ms. Sherrill, who was dressed in a T-shirt, jeans, and blue-gray jacket on the Memorial Day holiday. At one point, she rested her hand on the shoulder of a crying relative and smoothed the hair of an upset child.

After the governor left, the scene worsened outside the detention facility. A tense standoff erupted between Immigration and Customs Enforcement agents and protesters who blocked an entrance; the agents responded by firing pepper balls and spray at the protesters. Senator Andy Kim, who was trying to de-escalate the situation, was among those affected.

On Monday, the governor and other elected officials, including Mayor Ras J. Baraka of Newark, appeared outside Delaney Hall amid growing concerns over the hunger strike, which started on Friday inside the gray, cinder-block building enclosed by a high chain link fence topped with razor wire.

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Immigration advocates have rallied outside Delaney Hall since Friday. Detainees said they would go on a hunger and labor strike while calling for an investigation of the detention center and its operations and for Ms. Sherrill to visit to discuss protections from ICE. Hundreds of detainees were participating, one protester told Ms. Sherrill.

The governor said in a statement on Sunday that she had contacted ICE to gain access to the detention center and was working to monitor the situation and “do what’s necessary to ensure humane conditions.”

At Monday’s protest, some protesters shouted in Ms. Sherrill’s face to criticize her for not showing up earlier in the weekend, like other elected officials had.

Representative Rob Menendez of New Jersey had arrived at 8 p.m. on Sunday and stayed all night until he was allowed into the center on Monday morning. Mr. Menendez said that he had spoken to some of the detainees inside Delaney Hall, including a young woman who just wanted to go to her high school graduation, a pregnant woman who was trying to get medical care, and a man who showed him a carton of milk that had gone rancid.

“I heard just desperation from so many people in there,” Mr. Menendez said afterward.

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Angela Martinez told Ms. Sherrill that her cousin, Bolivar Bueno, 65, has diabetes and that she hasn’t been able to speak to him to make sure he is getting medication. “We don’t know what’s going on,” she told the governor.

Afterward, Ms. Martinez said, “I want for her to help me out.”

Ms. Sherrill left after about an hour, around 11:30 a.m., as some demonstrators jeered at her. Her security had to clear the road of a couple people who tried to stop her S.U.V. from leaving.

A few hours later, a convoy of ICE vehicles approached another entrance on the south side of Delaney Hall. Protesters, who had rallied at the north entrance in the morning, ran over to sit down in front of the vehicles. Many said they feared that the detainees on hunger strike inside would be transferred to other facilities.

ICE agents — most of whom were wearing face masks — pushed and shoved the protesters out of the way, even dragging one young man by a kaffiyeh around his neck. As the protesters chanted “Trump Has To Go,” they linked arms and faced the ICE agents.

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The standoff prevented anyone from leaving through the south entrance. Soon after, a military-style vehicle moved toward that entrance, with a man on top holding a firearm pointed at demonstrators.

Senator Kim, Democrat of New Jersey, who had been allowed inside Delaney Hall, came out during the confrontation and walked over to support the protesters. Soon afterward, the ICE agents and military vehicles backed away from the entrance and slightly retreated toward to the detention center, but the standoff continued.

“They provoked it, they brought that tank over,” Mr. Kim said. “It’s getting worse and worse here.”

The senator said he was working to “de-escalate” the standoff through negotiations with federal officials and would push for families to be allowed to visit detainees as early as Tuesday. “I’m going to keep at it,” he said.

Not long after, the standoff escalated with ICE agents using pepper balls and mace on the crowd.

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It’s not the first time Delaney Hall has faced protests. In June 2025, four men escaped from the detention center after days of unrest over meager and sporadic meals and overcrowding that forced some detainees to sleep on the floor. Detainees had smashed windows, doors and security cameras.

And Mr. Baraka, the Newark mayor, was arrested in May 2025 during a clash with federal agents outside its gates last year.

Dakota Santiago contributed reporting.

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