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The judge said the prosecution couldn't argue that Monserrate both intentionally and accidentally assaulted his girlfriend, Karla Giraldo. As a result, the reckless assault charges have been dropped.

The decision came on the same day prosecutors wrapped up their case against the Queens politician who is charged with slashing Giraldo during a jealous rage back in January.

"I still don't know what the prosecution's theory is as to what happened in that bedroom, I mean they didn't ask their witness and just to say it wasn't an accident, is not really proof beyond a reasonable doubt," said Defense Attorney Joseph Tacopina. "They just rested their case and they haven't put forth one stitch of evidence as to what happened inside that bedroom. That being said, I think this case is over."

According to prosecutors, Giraldo initially told doctors that the lawmaker slashed her face with broken glass in a jealous rage. A crime scene detective first on the scene testified last week that there was blood and glass all over the apartment.

Monserrate and Giraldo both now claim the incident for which he is charged was an accident.

Defense attorneys say they expect to wrap up their case as early as Wednesday. Closing arguments are slated to begin early next week, pending legal discussions with the judge.

Monserrate faces up to seven years in prison and would lose his State Senate seat if convicted.