Harvey Weinstein to be retried on rape charges this fall

May 1 (UPI) -- Harvey Weinstein will be retried in the fall after a New York Appeals Court last week overturned his rape conviction in the state.

Weinstein attended a 20-minute hearing before Judge Curtis Farber in Manhattan Supreme Court Wednesday.

Manhattan prosecutors told Farber they will be ready to retry the case this fall "sometime after Labor Day"," ABC News and the New York Daily News reported.

Manhattan District Attorney Alvin Bragg's office previously said it will do "everything in our power to retry this case" against Weinstein if witnesses will testify in a new trial.

"Our mission is to center survivors' experiences and well-being in every decision we make, which we will do as we approach the next steps in this case," the office said.

Weinstein attorney Juda Engelmayer said in a statement that his legal team is "cautiously optimistic and are prepared to go to trial, if it comes to that."

Weinstein was hospitalized for tests Saturday at Bellevue as attorney Arthur Aidala said in a statement he is "somewhat of a trainwreck health wise ."

According to Aidala, the hospitalization is for physical health, but mentally Weinstein is "sharp as a tack."

In the decision overturning Weinstein's New York rape conviction, the New York Appeals Court said the judge in that case improperly allowed testimony and evidence against Weinstein that was "irrelevant" and "prejudicial."

He got a 23-year prison sentence in that case.

Engelmayer said that, while the defense team is "cautiously excited" by the appeals court overturning the conviction, Weinstein still has a long road ahead of him in California.

Weinstein is still serving a California 16-year sentence for a separate rape conviction there.