5:50 PM PT -- Cuba Gooding Jr.'s attorney, Mark Heller, tells us he has viewed surveillance video from the bar and says it shows "absolutely no criminality taking place on the part of my client."
Heller says he's contacted the Manhattan D.A.'s Office Sex Crimes Unit but has not gotten a return phone call. He is trying to find out if they've seen the surveillance video. Heller says he can't believe they would seek to arrest Cuba ... if they'd seen the video.
He says it's up in the air right now as to whether Cuba will turn himself in Thursday, as they'd planned, now that they've seen the video.
Cuba Gooding Jr. will turn himself into NYPD on Thursday and will be arrested for allegedly groping a woman -- but on camera he insists he did nothing wrong, and there's hard evidence to prove it.
Sources connected to the Oscar winner tell TMZ ... he plans to surrender Thursday and expects to be booked for a misdemeanor charge of forcible touching. Cuba was in L.A. Tuesday night -- about to board a flight to NYC -- when a photog asked him directly about the groping allegation.
Cuba says the claim he grabbed a woman's breast Sunday night at Magic Hour Rooftop Bar & Lounge in Manhattan ... is absolutely untrue. He says he was there partying with friends, and posed for pics with fans, but says no one was touched inappropriately ... not even by accident.
Aside from the video we posted -- showing Cuba partying that night at the bar -- he says there's also surveillance video that will show he's innocent.
He also tipped his hat to Jon Stewart, who hours earlier had blasted Congress over the 9/11 Victims Fund, and said that's what's really important now.
As for his legal trouble ... Cuba didn't seem worried. Our Sources say he'll surrender at the Manhattan Special Victim's Unit -- and will be accompanied by his lawyers, Peter Toumbekis and Mark J. Heller. Cops will fingerprint him, and take a mug shot.
From there, as Cuba says ... he'll trust the system.