In recent court filings, Weinstein’s lawyers objected to two of the five counts against him — both stemming from a charge called predatory sexual assault, which carries a maximum life sentence and requires prosecutors to show a pattern of misconduct.

Weinstein’s lawyers argued those counts should be thrown out because prosecutors are choosing to use Sciorra’s allegation to show he’s a sexual predator who committed sex crimes against multiple women, even though that alleged attack predates the charge being enacted into law in 2006.

Burke, however, ruled that such a strategy is allowed under state law. While Sciorra’s allegation is too old to be the basis for criminal charges, prosecutors can use it as part of showing a pattern of alleged predatory behavior, Burke wrote.