(CNN) Cuba Gooding Jr. appeared in court on Wednesday for a hearing related to charges he faces in an alleged groping incident in New York earlier month.

Gooding Jr. has petitioned to dismiss his misdemeanor charge of forcible touching and sex abuse in the third degree.

The judge did not rule on the motion, citing a request from the Manhattan District Attorney's office for more time to review it.

He has pleaded not guilty to the charges.

"The prosecutor is attempting to delay and drag this out," Gooding Jr.'s attorney, Mark Heller, said outside of court, following Wednesday's hearing.

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