The Appeals Court has also ordered a new trial for Weinstein, who maintains he is the innocent.
Weinstein remains in custody, said Patrick Rocchio, NY Department of Corrections spokesperson today.
The source could not say when that move would or could occur.

Harvey Weinstein, Bellevue hospital, New York cityEtienne Laurent/Getty Images/Icon Sportswire via AP Images
The 23-year sentence he received from Justice Burke was to be served consecutively.
As another consequence of his conviction, Weinstein was also ordered to register as a sex offender by Burke.
That designation will likely be removed at the May 1 hearing.

On April 26, Haley said she was sick to her stomach upon learning of Weinsteins conviction being overturned.
if they decide to take this to trial again, or let California have Weinstein.