The ruling made public Wednesday clears the way for prosecutors to bolster their case with testimony from actress Anabella Sciorra who says Weinstein raped her in 1993 or 1994. It also leaves open the possibility of a life sentence if he is convicted at his trial, set to begin Jan. 6.
Weinstein's spokesman said his lawyers didn't have an immediate comment.
Weinstein, 67, has pleaded not guilty to charges he raped a woman in a Manhattan hotel room in 2013 and performed a forcible sex act on a different woman in 2006. He is free on $1 million bail and maintains that any sexual activity was consensual.
In recent court filings, Weinstein's lawyers objected to two of the five counts against him — both stemming from a charge called predatory sexual assault, which carries a maximum life sentence and requires prosecutors to show a pattern of misconduct.
Weinstein's lawyers argued those counts should be thrown out because prosecutors are choosing to use Sciorra's allegation to show he's a sexual predator who committed sex crimes against multiple women, even though that alleged attack predates the charge being enacted into law in 2006.
Burke, however, ruled that such a strategy is allowed under state law. While Sciorra's allegation is too old to be the basis for criminal charges, prosecutors can use it as part of showing a pattern of alleged predatory behavior, Burke wrote.
Weinstein's lawyers also argued that prosecutors failed to provide enough information for him to defend himself against Sciorra's allegation. On a disclosure form, prosecutors listed the approximate date of the alleged incident as "the winter season spanning 1993-1994," and said it happened at "nighttime" in "a location in New York City."