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.
“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.”
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.
Gooding’s attorney said Thursday he still expects his client to be exonerated.
The Associated Press contributed to this report.