Defense attorneys in State Senator Hiram Monserrate's assault trial resumed their case today, calling a witness who testified that Monserrate's girlfriend was very drunk the night of the alleged attack.

A cousin of Monserrate's girlfriend, Karla Giraldo, said she was with Giraldo prior to the incident and she appeared very intoxicated.

The defense is trying to prove that Giraldo was out of control the night of the incident and Monserrate accidentally cut her with a piece of broken glass.

The defense also introduced Monserrate's own medical records from Long Island Jewish Hospital. They say he was familiar with the hospital and is why he took Giraldo there to be treated for her injury.

Prosecutors have suggested Monserrate was trying to hide the incident and is why he drove nearly 40 minutes to get to the hospital rather than take her to one closer to his Jackson Heights apartment.

Prosecutors charge Monserrate slashed Giraldo in an act of jealous rage, and that Giraldo had originally told doctors she had been attacked. They both now claim the incident was an accident.

On Tuesday, the judge threw out two of the lesser assault charges against the Queens lawmaker, saying the prosecution could not argue that Monserrate both intentionally and accidentally assaulted his girlfriend.

Monserrate still faces the four most serious assault charges against him.

Monserrate's attorneys say the prosecution's case is thin.

"I still don't know what the prosecution's theory is as to what happened in that bedroom," said Monserrate's attorney Joseph Tacopina. "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. 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."

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