"You're probably not aware of this, but people chant and protest outside this courthouse all the time", he said.
Arthur Aidala, Weinstein's attorney-at-law, wrote that the judge made "prejudicial and inflammatory comments" about the producer, remarks that were widely reported on in the media. Certainly the particulars of this case stand out and make for a level of scrutiny that may make the process deeply uncomfortable for many of those involved, but anyone who has been through jury selection can probably guess at the defense team's ulterior motive.
On Monday, Mr Weinstein was charged with an additional two counts in Los Angeles: rape and sexual assault.
Weinstein, 67, has pleaded not guilty to sexually assaulting two women in NY and faces a two-month jury trial.
Dozens of potential jurors have been excused after saying they could not be impartial due to heightened publicity surrounding the trial.
The defence further argued that Burke has failed to adequately safeguard Weinstein's right to a fair and impartial jury, in part by rejecting a request to halt jury selection for a "cooling off" period after prosecutors in Los Angeles filed new sex crimes charges against him on Monday.
Weinstein, 67, has pleaded not guilty to charges of assaulting two women in NY.
Hollywood producer Harvey Weinstein's attorney Donna Rotunno told "The Story with Martha MacCallum" Friday that she does not believe the mogul committed rape and defended her choice to take on Weinstein as a client.
In a motion obtained by USA Today, he further commented: "A judge admonishing a defendant for repeatedly not following the rules of the courtroom does not show bias, but rather simply a judge maintaining order and decorum in his courtroom". As most know, Harvey has been accused of sexual assault by a large number of women.
The judge also tried to calm nerves after hearing someone gasp when he told jury candidates it was their sacred duty to serve.
"I was assaulted in my past, so I don't think I can be a fair juror", another said.
Allred represents one of the accusers in the criminal case, Mimi Haleyi, and two other women who are expected to testify, including actress Annabella Sciorra.
About 120 prospective jurors are being summoned to court each day. The prospective juror, who requested anonymity for professional reasons and said they were dismissed due to an upcoming family event that will conflict with the trial, described being in the courtroom as "chill inducing". If convicted, he could receive life in prison.
Weinstein has denied all allegations against him.