Harvey Weinstein looks sickly as he's wheeled into court to fight extradition to LA jail after hospital stay - following bombshell overturning of rape conviction in New York

Harvey Weinstein has refused to be extradited to Los Angeles to serve a prison sentence for a rape he was convicted of in California in 2022.

The disgraced film producer, 72, dressed in a navy suit, white shirt and blue tie, appeared in Queens County Supreme Court on Thursday where he was wheeled out without handcuffs.

He looked tired and pale as he waived his right to voluntarily return to California during the hearing meaning prosecutors now need to get a governor's warrant to forcefully extradite him.

Judge Joanne Watters adjourned the case until August 7 and remanded him in custody on a fugitive warrant.

It comes after the New York Court of Appeals threw out his 2020 rape conviction on April 25 after ruling he did not receive a fair trial - effectively erasing his 23-year prison sentence and ordering a retrial.

But he remains in prison in New York as he was found guilty of the rape and sexual assault of Italian actress and model Evgeniya Chernyshova in Los Angeles and was sentenced to 16 years in prison.

A sickly-looking Harvey Weinstein was wheeled into a New York City courtroom on Thursday

The case is adjourned until August 7 and the disgraced media mogul was remanded back into custody.

The hearing was over California's extradition request, according to prosecutors and defense attorneys

His defense attorney, Diana Samson, said: 'He's not a fugitive in the colloquialism of the word, that's just the language they used'

Thursday's hearing in Queens criminal court took place days after Weinstein left a city hospital where he was treated for pneumonia and other illnesses. 

His defense attorney, Diana Samson, said: 'He's not a fugitive in the colloquialism of the word, that's just the language they used.

'They are not in a position to extradite Weinstein right now because they have not done what they needed to do.

'Our main concern is that Mr Weinstein is here in New York so that we can prepare for the trial.'

Weinstein is still in custody in Rikers Island in New York City following the quashed conviction and Manhattan Judge Curtis Farber set a tentative trial date for after Labor day, meaning it could take place in September.

The New York Court of Appeals ruled that the movie producer did not receive a fair trial when he was convicted - effectively erasing his 23-year New York prison sentence and ordering a retrial.

They concluded that a trial judge had permitted jurors to see and hear too much evidence not directly related to the charges he faced. 

Prosecutors said they intend to retry him on charges that he forcibly performed oral sex on a TV and film production assistant in 2006 and raped an aspiring actor in 2013.

After his New York conviction was overturned he cried tears of joy and insisted he wasn't a rapist, his spokesman has said. 

Thursday's hearing in Queens criminal court on took place days after Weinstein left a city hospital where he was treated for pneumonia and other illnesses

Weinstein has been held in the Riker's Island jail complex since Monday

Weinstein has been serving 23 years in a New York jail for the two sex attacks against aspiring actress Jessica Mann and production assistant Mimi Haleyi.

Prosecutors told the court at the time: 'We believe in this case and will be trying this case.'

'Jessica Mann is here in court. She's here to show she's not backing down and is committed to seeing justice is served again.

'The defendant may have power and privilege but she has the truth. We have every belief the defendant will be convicted again after trial.'

Prosecutors said that they wanted the trial to happen in the fall, possibly September.

Weinstein's lawyer Arthur Aidala told the court: 'We're not asking for bail. Mr Weinstein has very very serious medical issues'.

He praised the Department of Corrections for taking care of Weinstein's needs.

He said: 'He's sharp as a tack. He's as smart as he ever was. He's read hundreds and hundreds of books. I have no issue whatsoever about his mental abilities.'

The disgraced film mogul, 72, had his hands cuffed as he was pushed in a wheelchair out of a prison van and into a courthouse in Manhattan at his previous court appearance

His 2020 conviction was overturned by a state appeal court

During his four years in jail since his 2020 conviction, Weinstein has been beset by health issues including heart problems, mobility issues and diabetes.

Last month he was taken to Bellevue Hospital in New York where doctors conducted a slew of tests on him.

His attorney Aidala said: 'They examined him and sent him to Bellevue. It seems like he needs a lot of help, physically. He's got a lot of problems. He's getting all kinds of tests. He's somewhat of a train wreck health wise.'

'He was not treated well. They refused to give him even a sip of water, no food, no bathroom break,' Aidala said. 'He's a 72-year-old sickly man.' 

Weinstein was once the most powerful man in Hollywood who made hits like Pulp Fiction and Shakespeare in Love with his film companies Miramax and The Weinstein Co.

He dominated Hollywood in the 1990s and won 81 Oscars as he became part of the world elite and grew especially close to Bill and Hillary Clinton.

More than 80 women came forward to accuse the Oscar-winning producer of sexual assault and harassment.

The allegations first surfaced publicly in a New York Times story in 2017 detailing decades of alleged abuse.

Actresses Rose McGowan and Ashley Judd were among those who were named in the piece as accusers.

The allegations sparked a sea change in attitudes towards sexual misconduct in the workplace.

Now The Weinstein Co. is bankrupt, his wife Georgina Chapman has divorced him and his empire is in ruins.