Harvey Weinstein is scheduled to be retried "sometime after Labor Day," a judge said Wednesday, as the disgraced film mogul appeared in a Manhattan courtroom for the first time since the New York Court of Appeals threw out his rape conviction. ...

The New York Court of Appeals overturned Weinstein's conviction on Thursday in a scathing 4-3 opinion, writing that they found the trial judge "erroneously admitted testimony of uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes."

The court said that testimony "served no material non-propensity purpose" and "portrayed defendant in a highly prejudicial light."