NEW YORK (AP) — Harvey Weinstein is due back in a New York courtroom Wednesday for his first appearance since an appeals court last week overturned his 2020 rape conviction and ordered a new trial.

The preliminary hearing in Manhattan is expected to include discussion of evidence, scheduling and other matters, according to Weinstein’s attorney, Arthur Aidala.

Aidala said Weinstein will attend the hearing, despite the 72-year-old having been hospitalized since shortly after his return to the city jail system on Friday from an upstate prison. He has said Weinstein, who has cardiac issues and diabetes, was undergoing unspecified tests due to his health issues.

Manhattan District Attorney Alvin Bragg’s office has said it is determined to retry the case against Weinstein. Legal experts say that may be a long road and come down to whether the women he’s accused of assaulting are willing to testify again. One of the women, Mimi Haley, said Friday she was still considering whether she would testify at any retrial.