A judge in New York has threatened Harvey Weinstein with jail after he was caught using a mobile phone during his rape trial.

A visibly angry State Judge James Burke warned Mr Weinstein not to answer the phone.

“Is this really the way you want to end up in jail for the rest of your life?” he asked the 67-year-old. “By texting and violating a court order?”

Lead prosecutor Joan Illuzzi urged Judge Burke to jail the former Hollywood producer and said there is a "grave risk" he will realise that the evidence against him is "imposing and overwhelming" and will try to flee.

The judge decided not to jail Mr Weinstein but warned he would not get another chance.

"I'm not looking for apologies; I'm looking for compliance," Judge Burke said.

Harvey Weinstein arrives for the afternoon session of his sexual assault trial at a Manhattan courthouse, 07-01-2020. Image: Mark Lennihan/AP/Press Association Images

Weinstein is facing five charges including rape and sexual assault involving two women, which he denies.

He faces life in prison if convicted on the most serious charge - predatory sexual assault.

Weinstein looked frail as he entered the New York court building using a walking frame, which his lawyers say he needs following back surgery.

He has been released on bail but is required to wear an electronic-tracking device that was visible on his ankle as he exited a sports utility vehicle when he arrived at court on Tuesday.

Actress Rose McGowan leaves a press conference on the 1st day of Harvey Weinstein’s rape trial at State Criminal Court in New York, 06-01-2020. Image: Pacific Press/SIPA USA/PA Images

More than 80 women have accused Mr Weinstein of sexual misconduct dating back decades. He denies the allegations, claiming any sexual encounters he had were consensual.

Jury selection at New York's Supreme Court began on Tuesday - more than two years after the allegations came to widespread public attention.

Lawyers for Mr Weinstein asked for the trial to be delayed after he was charged with separate rape and sexual assault offences in Los Angeles on Monday.

“I cannot think of one time, one case where on the day of jury selection, this type of prejudice is being cast against a criminal defendant,” said lawyer Arthur Aidala.

Judge Burke refused to delay the trial, saying the jury would be instructed that an indictment was not evidence of guilt.

The trial expected to last around two months.