Cuba Gooding Jnr is facing a new undisclosed charge in his sexual misconduct case.
At a court hearing in Manhattan on Thursday, Assistant District Attorney Jenna Long revealed the charge is contained in a sealed indictment against the Oscar-winning Jerry Maguire star.
She told the judge the indictment covers previous allegations as well as a “previously uncharged incident”.
Gooding, 51, must now be arraigned on the new indictment next week before a trial can begin.
He and his lawyers left the court without speaking to reporters.
The actor has been accused of placing his hand on a 29-year-old woman’s breast and squeezing it without her consent at Magic Hour Rooftop Bar & Lounge near Times Square on June 9.
The woman told police she believed Gooding was intoxicated.
Gooding was arrested four days later after turning himself in to police. He pleaded not guilty to forcible touching and sexual abuse charges and was released.
His defence team has filed papers saying the forcible touching case should be dismissed based on the accounts of two witnesses who say it never happened, and that video from the bar backs up that claim.
The papers argue that since there is clear evidence that no crime was committed, the case should be thrown out.
But the judge ruled the conflicting accounts should be resolved at a trial.
Gooding faces up to a year in jail if convicted.
