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A New York City judge this week ruled a case accusing Cuba Gooding, Jr. of groping a woman’s’ breast should go to trial on Sept. 3.

The actor’s attorney had asked the case to be dismissed based on video taken of the alleged incident and two witnesses who said it didn’t happen.

CUBA GOODING JR. PROSECUTORS BRUSH OFF CLAIMS THAT HIS ACCUSER IS MENTALLY UNSTABLE

“This court disagrees,” the judge wrote. “The conflicting factual allegations between the criminal court information and the defendant’s motion should be resolved at trial.”

FILE - In this June 13, 2019 file photo, Cuba Gooding Jr. leaves criminal court in New York. A New York City judge has rejected actor Cuba Gooding Jr.'s request to have his groping case thrown out. (AP Photo/Frank Franklin II, File)

FILE - In this June 13, 2019 file photo, Cuba Gooding Jr. leaves criminal court in New York. A New York City judge has rejected actor Cuba Gooding Jr.'s request to have his groping case thrown out. (AP Photo/Frank Franklin II, File)

The criminal complaint alleges Gooding grabbed a 29-year-old woman’s breast without consent at a rooftop bar in Manhattan last June. The alleged victim said she thought he was drunk at the time.

The “Jerry Maguire” actor was arrested four days later and pleaded not guilty to misdemeanor forcible touching and sexual abuse charges.

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Gooding’s attorney said Thursday he still expects his client to be exonerated.

The Associated Press contributed to this report.