With Weinstein looking on, a judge agreed to dismiss the lone charge in the case related to Lucia Evans, who helped spark the #MeToo movement when she told The New Yorker in an expose published a year ago Wednesday that the film producer had forced her to perform oral sex in his office in 2004 when she was a college student and aspiring actress.
Why was the charge dropped?
Some media outlets reported that there were problems with witness interviews done by one of the lead police detectives handling the investigation.
A lawyer for Evans insisted that even though this charge was thrown out, her client's claims are still truthful.
The witness told prosecutors that she and Evans met Weinstein in a bar during summer 2004.
The woman also told the detective that sometime after Evans' office meeting with Weinstein, she had suggested what happened was consensual.
Remaining charges include allegations Weinstein raped a woman in 2013 and forced a sex act on a different woman in 2006.
He walked into the criminal court in downtown Manhattan dressed in a dark suit, tie and white shirt for the brief hearing that scored at least an initial win for his defence attorney Ben Brafman.
Weinstein's lawyer, Benjamin Brafman, said he believed Evans had lied both to the grand jury and to The New Yorker about her encounter with Weinstein.
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In addition, People reports that the pair was spotted by an eagle-eyed fan playing mini golf in Seattle over the weekend. They co-parent and have the same goals for their daughter, which is they want her to know that she is very loved'.
The friend told prosecutors that Evans admitted she performed the sex act and during the conversation was "upset, embarrassed and shaking".
He also claimed a police officer had corruptly attempted to influence the case by keeping a witness from testifying about her misstatements.
An unnamed woman is argued to also have had email exchanges with Weinstein that show the encounters were consensual. Goldberg said the prosecution "jumped ship" and "ultimately she was caught between the middle of a feud between the NYPD and the DA's office".
"I want to be very clear that prosecutors' decision to abandon my client's claims does not invalidate the truth of her claims", Ms Goldberg said.
Weinstein is free on $1 million bail.
The dismissed charge was one count of criminal sexual act in the first degree based on allegations made by actress Lucia Evans, who publicly accused Weinstein a year ago of forcing her to perform oral sex in 2004, the Daily Beast reported.
Harvey Weinstein appeared without handcuffs in New York Supreme Court this morning and even flashed a faint smile, a big change from his previous sober and shackled appearances in his sexual assault trial.
The New York Post, never known for its restraint, blasted out a headline just before the judge dismissed the sexual assault count, wondering if the D.A.'s case is "in danger of falling apart". "There is a rush to arrest, there is pressure to arrest, and what we see is that happened in this case".