Prosecutors said Wednesday they are ready to proceed with a third trial of disgraced movie mogul Harvey Weinstein in New York.

Weinstein will face a retrial on a third-degree rape charge related to Jessica Mann, who alleges Weinstein raped her in a Manhattan hotel room in 2013.

The trial will take place after Weinstein's second ended with a partial verdict, and a mistrial in June, after the jury foreperson said he was threatened by another juror and did not feel safe and could not keep deliberating.

Weinstein was convicted of criminal sexual act against Miriam Haley and found not guilty of criminal sexual act against Kaja Sokola. The deliberations in that case were contentious from the start, with a juror asking to be removed over claims that some other jurors were acting unfairly. That was followed by multiple requests by the defense to declare a mistrial over potential juror misconduct.

New York's highest court overturned Weinstein's 2020 conviction last year, ruling the judge in his first trial should not have allowed testimony from accusers who were not part of the criminal charges.

Mann alleges Weinstein raped her during a consensual relationship that continued for years afterward, telling the jury she "compartmentalized" the pain he caused. Weinstein's lawyers emphasized she kept seeing him, accepting invitations and sending him messages.

"Rape can happen in relationships -- and in dynamics where power and manipulation control the narrative," Mann said in a statement after the second trial ended in a mistrial.

Weinstein "needs to be tried this year," judge says

Weinstein, 73, was wheeled into court Wednesday wearing glasses and a navy blazer.

His third trial "needs to be tried this year," the judge told attorneys. Prosecutors said they are prepared to move forward and do not expect the third trial to take long.

Weinstein will be back in court on Sept. 30 for a hearing to either set a trial date, or a sentencing date. According to defense attorneys, the judge doesn't want to sentence Weinstein until all matters are resolved.

Defense attorney Arthur Aidala was asked about the possibility of Weinstein pleading guilty to the rape charge.

"He has made it very clear to me that pleading guilty to Jessica Mann is not something he would consider. I've been doing this long enough to say never say never," Aidala said.

Aidala says when Weinstein is sentenced on the criminal sexual act charge, which carries a maximum sentence of 25 years, the defense will ask for five years.

"The doctor writes that Mr. Weinstein's chances of survival in any long-term way are not good. He's fighting diseases on every front," Aidala said.

"I have told the district attorney I am ready, willing and able to endure this as many times as it takes for justice and accountability to be served," Mann said in her June statement.

Weinstein continues to appeal his 2022 sexual assault conviction in Los Angeles, where he was sentenced to 16 years in prison.