CNN  — 

The sex abuse case against Cuba Gooding Jr. can go forward after a New York judge threw out a motion to dismiss the case, according to court documents.

Judge Phyllis Chu also set a trial date of September 3. Chu reached her decision on Wednesday.

Gooding has been charged with forcible touching, a misdemeanor, and sex abuse in the third degree relating to an alleged groping incident in New York City in June.

A 29-year-old woman filed a police report claiming Gooding grabbed her breast at Magic Hour Rooftop Bar & Lounge in Manhattan.

Gooding has denied the claim.

In a statement Thursday, Gooding’s attorney Mark Jay Heller said: “I am totally confident that when a jury of Cuba Gooding Jr.’s peers assess all of the exculpatory evidence in this case, that he will be totally exonerated.”

Gooding voluntarily surrendered to the NYPD for questioning and pleaded not guilty to the charges in a Manhattan courtroom. The actor was released on his own recognizance.

CNN’s Chloe Melas, Marianne Garvey and Brian Vitagliano contributed to this story.