Weinstein’s attorneys had previously filed a motion to dismiss three of the 11 charges, saying the statute of limitations had expired.
Los Angeles Superior Court Judge Lisa Lench refused to dismiss two of the counts but told prosecutors to return to a grand jury to amend the third charge.
The disgraced former movie producer entered court Thursday being pushed in a Los Angeles County jail wheelchair, wearing a blue medical mask and a prison jumpsuit.
After the hearing, the Weinstein legal team claimed a victory.
“Stick a fork in count five, it’s done,” said defense lawyer Mark Werksman, referring to count five of the indictment, a charge of sexual battery by restraint that prosecutors say Weinstein committed against a woman in May 2010.
Prosecutors, however, said they would amend count five.
The defense team asked the judge to not allow videos and photos of Weinstein in what they called a “rumpled” jail suit, saying it made him look guilty. But Lench denied the request to ban video and photos.
Weinstein is due back in court on September 13.