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Although listening to the pitch from the Oscar winner’s attorneys following a filing Monday to toss the case, Judge Keshia Espinal proclaimed she would not make a ruling until August 14.In court protocol, that ruling would come after the Manhattan District Attorney’s office responds to the dismissal move in the next few weeks. PREVIOUSLY, JUNE 24 AM: Days after appearing in a New York court on misdemeanor charges of forcible touching of a woman at a nightclub, Cuba Gooding Jr is now seeking to have the case dismissed because of “certain mental characteristics” of his accuser.The incident of Gooding supposedly grabbing the unidentified woman’s breast while at the Magic Hour Rooftop Bar and Lounge in the Moxy Times Square hotel occurred late on June 9.The star faces up to a year in jail if found guilty on the misdemeanor.A hearing on the motion to dismiss looks to be set for June 26 in Lower Manhattan.

Judge Phyllis Chu ruled that conflicting accounts about what happened on June 9 at the Magic Hour Rooftop Bar & Lounge are grounds for a trial, which is set to begin September 9. UPDATED, JUNE 26, AM: A hearing on Wednesday in New York City on Cuba Gooding Jr.’s desire to have criminal charges of forcible touching dismissed saw further action pushed until July 17.If you think its going too fast, just try to explain to your partner how things are a bit faster than what you are used to.Don’t feel pressured into things if your gut is telling you something else.The office of NY County District Attorney Cyrus Vance Jr.had no comment on the dismissal motion when contacted by Deadline.

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