Judge Won't Drop Groping Case Against Cuba Gooding Jr.

MIDTOWN MANHATTAN, NY — A groping case against Cuba Gooding Jr. will go forward after a Manhattan judge dismissed a motion by the actor's attorneys to drop the charges on Wednesday, according to court documents.

Gooding Jr. is facing forcible touching and sexual abuse charges following accusations that he grabbed a woman's breast without her consent at the Magic Hour Rooftop Bar and Lounge at the Moxy Times Square hotel on Seventh Avenue, according to judge Phyllis Chu's ruling. The "People v. O.J. Simpson" start is expected to return to court in early September for a trial.

"In this case, the defendant has not set forth compelling factors to warrant dismissal in the interest of justice," Chu's ruling reads.

Gooding Jr.'s lawyers argued that the charges should be dropped on the basis that two witnesses claimed the actor never touched his accuser and because a retired police officer reviewed surveillance footage from the club and determined that no crime occurred.

Lawyers also attempted to make the case that the woman who accused Gooding Jr. has "mental health issues" whereas Gooding Jr. has displayed high character during his career, rising "from a starving artist in the Bronx to a highly regarded and successful actor."

"This court disagrees. The conflicting factual allegations between the criminal court information and the defendant's motion should be resolved at trial," Chu's ruling reads.

Gooding Jr.'s trial is expected to begin on Sept. 3, a spokesman from the Manhattan District Attorney's office said.