Actor Cuba Gooding Jr will go on trial more than accusations he groped a lady in New York following a court dismissed his plea to have the case thrown out.
Gooding, 51, is accused of grabbing the woman’s breast devoid of her consent in a Manhattan bar on a evening out in June.
The Oscar-winning actor is charged with forcible touching and could face up to a year in prison if convicted.
Gooding denies the charges and his lawyers applied to have them dismissed, stating that footage from the bar’s safety cameras showed that their client was innocent.
But on Wednesday New York State criminal court judge Phyllis Chu rejected their plea, saying that conflicting accounts of what occurred could only be resolved at trial.
The defense had filed papers saying the misdemeanor forcible touching case ought to be dismissed primarily based on accounts of two witnesses who say it never ever occurred, and that video from the barbacks up that claim.
The papers argued that considering that there was clear proof that no crime was committed, it was important to throw out the case to guard the integrity of the criminal justice method.
The judge wrote: “This court disagrees. The conflicting factual allegations involving the criminal court info and the defendant’s motion ought to be resolved at trial.”
Gooding turned himself into police on 13 June and was released later that day devoid of bail.
The trial is scheduled to start out on September three, 2019.