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The 42-year-old Queens state senator was in court Monday, where it was decided a jury would not be seated at his assault trial. Instead, a judge alone will hear the case.

Monserrate was arrested in December after prosecutors say he slashed his girlfriend Karla Giraldo in the face with a piece of broken glass.

They both claimed the incident was an accident, but a judge denied a motion to dismiss the case.

"From the beginning Karla said this was an accident and that's what is was," Monserrate said.

Monserrate's attorney, Joseph Tacopina, told reporters outside the Kew Gardens court room that unflattering press coverage may taint jury members.

"We want this case to be decided fairly and impartially without any outside influences, without any bias, sympathies or venom," Tacopina said.

Meanwhile, Justice William Erlbaum said a still-secret surveillance tape purportedly showing the senator yanking his screaming girlfriend "causes the blood to boil."

The judge, himself a noted former defense attorney, added that screening it before trial would poison potential jurors.

"He said upon reviewing it on day one of the arraignment. Everything will be put into context. We're comfortable with every fact in this case," Tacopina said.

If convicted, Monserrate would face up to seven years in prison, and could lose his Senate seat.

Monserrate was one of two Democrats who tipped off this summer's month-long leadership deadlock in Albany.

Arguments are expected to begin next Monday.