Weinstein's legal team has been putting on a fierce campaign to convince judge James Burke to throw out the case, seizing on allegations of unscrupulous police work and producing a witness who says his rape accuser pressured her to corroborate her story.
Weinstein was initially indicted on sex-crime charges involving three women, including one who said that the producer raped her in 2013 at a Midtown Manhattan hotel.
The disgraced producer denies all allegations of nonconsensual sex.
Judge to rule on fate of Harvey Weinstein's criminal case
As NPR has previously reported, the prosecution says New York Police Department detective Nicholas DiGaudio erred in his communications with Weinstein's accusers a few times, including encouraging one accuser to delete personal data from her phone before she handed it over to police. Prosecutors say there is "ample evidence" to put Weinstein, 66, on trial and that DiGaudio allegations haven't sullied the rest of the case.
His lawyer's have been working on a dismissal since, but now it appears that Weinstein will indeed face his day in court.
"If these women testify strongly on the witness stand, Weinstein will lose", he predicted.
The remaining five felony charges include two counts of predatory sexual assault, one count of criminal sexual act in the first degree and one count each of first-degree rape and third-degree rape.
As for emails, prosecutors say they are not obliged to share any of those with the defense at this stage of the proceedings.
While he failed on Thursday to get all charges dismissed, Brafman did manage to get one count of a forced act of oral sex in 2004 - lodged by former actress Lucia Evans - thrown out in October.
After a brief discussion with the lawyers, the judge denied a motion to dismiss the case.
Marisa Tomei, center, leaves New York Supreme Court after attending a hearing in the Harvey Weinstein sexual assault case, December 20, 2018, in New York.
The case has been heavily scrutinised in the wake of the #MeToo movement, which exploded past year after numerous women made allegations against Weinstein.
The next hearing is set for March 7.
Prosecutors also disclosed an allegation that Det DiGaudio urged the 2013 rape accuser to delete private material from her mobile phones before handing them over to the DA's office. Nothing in the court's ruling, however, removes the flawed theory of this case...
The prosecution's case against him took a blow two months ago when one charge was dropped thanks to his attorneys' successful argument that the case was tainted by a lead detective who allegedly withheld evidence.