NY State Senate ousts Hiram Monserrate

ALBANY - The State Senate voted Tuesday night to immediately expel a member convicted of misdemeanor assault against his girlfriend.

In a 53-8 vote, the Senate ousted Sen. Hiram Monserrate (D-Jackson Heights). He was convicted of dragging his girlfriend through his apartment lobby but acquitted of a felony in December. A felony conviction would have automatically cost him his job.

Monserrate, 42, said the move deprived voters of his Queens district of the right to choose a representative. He vowed to mount a legal challenge.

All eight votes against the ouster came from Democrats, including Ruben Diaz Sr. (D-Bronx), who charged Monserrate's Hispanic heritage was a key factor in the vote. "That was never done before," he said, referring to a lack of probes of previous lawmakers convicted of wrongdoing. "It's only done for a minority, Hispanic."

Monserrate's replacement will come via a special election to be held March 16. Democrats support Assemb. Jose Peralta (D-Jackson Heights).

The expulsion robs Democrats of their Senate majority - they now have only 31 votes when 32 are needed to pass legislation. There are 30 Republican members.

Speaking in the ornate chamber Tuesday night, Monserrate noted his absence would foster more gridlock, not less.

"Losing the 32nd vote isn't going to help with that," he said.

The vote, at about 9:30 p.m., came after hours of private discussion between Democrats. Some worried jettisoning Monserrate would further destabilize the Senate; others were concerned about a dangerous precedent, sources told Newsday.

Monserrate accused colleagues of making him "a scapegoat" in a bid to "clean up" the Senate's tarnished reputation.

He also described the move as "illegal" because expulsion procedures have not existed in the state constitution since 1821. "We don't have the power to expel a member," he said.

Monserrate cited "dozens" of senators and Assembly members who were convicted of misdemeanors but not removed from office.

"The Office of the Attorney General is prepared to defend the Senate's decision to expel Hiram Monserrate," said John Milgrim, a spokesman for Attorney General Andrew Cuomo.

Senate Democrats agreed earlier yesterday to put forth two resolutions to the full Senate. One called for Monserrate's immediate expulsion; the other to expel him by June 30 or following his criminal appeal. They voted only on the first, however, which was sponsored by Sen. Brian X. Foley (D-Blue Point). Monserrate was elected in 2008. He is appealing the assault conviction and has said it is wrong for the Senate to rule on the issue while his appeal is pending.

With James T. Madore