Harvey Weinstein’s sex crimes conviction was overturned Thursday by the New York Court of Appeals, which found that he hadn’t gotten a fair trial.

In its 4-3 decision, the appeals court found Weinstein’s trial judge had erred in allowing accusers to testify who were not listed in the criminal charges against him, The New York Times reports.

Manhattan District Attorney Alvin L. Bragg must now decide whether to retry the case.

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Weinstein’s lawyer Arthur Aidala, who represented the ex-movie mogul in his New York appeal, did not immediately respond to a request for comment by Business Insider.

This is a developing story.

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