Posted at: 10/15/2009 12:45 PM
Updated at: 10/15/2009 4:27 PM
By: COLLEEN LONG

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Senator partly acquitted in attack on girlfriend

NEW YORK (AP) - State Sen. Hiram Monserrate has been acquitted of a felony charge of second-degree assault for slashing his girlfriend's face in a jealous rage.

That means the Queens Democrat won't automatically lose his Senate seat.

He was found guilty on a misdemeanor charge of third-degree assault for injuring Karla Giraldo while forcibly dragging her by the arm from the apartment. Senators could consider passing a resolution to either censure or expel him as a result of that conviction.

Monserrate claimed the incident was an accident, and so Giraldo.

But prosecutors argued she told medical personnel Monserrate intentionally smashed a drinking glass into her face following an argument about another man.

Judge William Erlbaum issued the verdict Thursday in the non-jury trial. Prosecutors argued Giraldo changed her story after she discovered Monserrate was going to be arrested.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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