iStock/Pattanaphong Khuankaew(NEW YORK) — Cuba Gooding Jr.’s sexual misconduct trial will begin September 3.

A New York City judge announced the date Thursday. The Boyz n the Hood star had sought to dismiss the forcible touching case, arguing that a video of his encounter with the woman whose accusations form the substance of the charges shows he did not grab her breast.  

The judge declined to dismiss the case, writing in his opinion, “The conflicting factual allegations between the criminal court information and the defendant’s motion should be resolved at trial.”

Gooding pleaded not guilty to one misdemeanor count each of forcible touching and sexual abuse in the third degree.  The charges stem from the 51-year-old actor’s alleged groping of a woman’s breast inside Manhattan’s Magic Hour Rooftop Bar on June 9.  Gooding has denied the claim.

The complaint itself asserts Gooding “forcibly touched the sexual and other intimate parts of another person for the purpose of degrading and abusing such person, and for the purpose of gratifying the defendant’s sexual desire; the defendant subjected another person to sexual contact without the latter’s consent.”  

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