The second argument is that Weinstein's accusers are lying about the nature of their sexual contact with the movie mogul.
On Thursday, the onetime Hollywood heavyweight producer will be back in a NY courtroom as his star attorney Ben Brafman asks a judge to dismiss the sex assault charges against his client.
The hearing will see a judge decide whether Weinstein should face charges of raping a woman he knew in a hotel room in March, 2013.
Burke dismissed one charge against Weinstein earlier this year but he flatly rejected the defense motion on Thursday to toss out the other five counts.
On Thursday, Weinstein and his lawyers sought to have the remaining charges dismissed.
The case has been mired in complications, with Weinstein's team alleging police misconduct in the investigation.
A hearing for the case is now scheduled for early March.
Attorney Gloria Allred, who represents one of the alleged victims, said she is satisfied that the case will move to a pretrial hearing, adding that the case against Weinstein is strong.
Before the hearing was adjourned, defense lawyers and prosecutors huddled at Burke's bench for a 10-minute sidebar discussion out of earshot of the public.
Image Ashley Judd was among the first women to accuse Harvey Weinstein
Burke dismissed the charge related to Evans after the Manhattan district attorney's office acknowledged that Nicholas DiGaudio, the lead detective on the case, did not disclose information from a witness who said Evans had given her a conflicting account of the episode.
Harvey Weinstein's judgment day has arrived.
The former Weinstein Co. leader put on his fiercest campaign yet to get the case thrown out, seizing on allegations of unscrupulous police work and putting forth a witness who says his rape accuser pressured her to corroborate her story.
The case has been heavily scrutinised in the wake of the #MeToo movement, which exploded previous year after numerous women made allegations against Weinstein.
Prosecutors nevertheless want the case to continue and reject Brafman's motion that the process is beyond fix.
But then, according to prosecutors, the detective failed to inform them about key differences in their stories - and told the friend that "going forward, "less is more" " and that she had no obligation to cooperate with law enforcement".
Manhattan prosecutors dropped one of the charges against him - allegations that he raped an aspiring actress who was still in college - after evidence surfaced that Det.
"This indictment was based on evidence and testimony before the grand jury", she said upon leaving court.
Burke's ruling revealed that Weinstein had agreed in May to testify before the grand jury considering his case.
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