disgraced movie Mogul Harvey Weinstein has been indicted on additional sex crimes charges that's according to the Manhattan DA's office Alice Gainer covers courts and crimes and was inside the courtroom during a hearing this morning Harvey Weinstein was not in the courtroom today the 72-year-old had emergency surgery on Monday to remove fluid on the heart and lungs Manhattan prosecutors say a grand jury indicted winstein but the indictment will remain under seal until Weinstein can appear to be arraigned they say they plan to file a motion to consolidate this with his retrial Weinstein is set to be retried in November after the state's highest appeals court overturned his 2020 conviction on rape and sex assault he had been serving a 23-year sentence in New York before it was overturned and was also convicted in Los Angeles of rape and sentenced to 16 years and is still serving time for that a defense attorney for Weinstein says all they know about the new charges is that it could include up to three additional allegations dating back to 2005 ethically cannot be ready what we are requesting and have from the beginning because they did float the idea early on oh we're we're talking to other people out there that we should go to trial on the original case as is always done when a case is reversed he's not well I mean you know just I know lawyers and and uh sometimes are known for exaggeration you know I can't exaggerate a heart operation I can't exaggerate a long operation uh you know he's he was in the Intensive Care Unit today a judge ruled that Weinstein will remain at Belleview for treatment for now a hearing is scheduled for next week September 18th about his health outside of Manhattan Criminal Court Alice gner CBS News New York