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CAPITOL BEAT
by Jay Gallagher

Tuesday, February 9, 2010

Senate votes to oust Monserrate

The state Senate voted 53-8 tonight to oust one of its members, Hiram Monserrate, D-Queens, who last year was found guilty of assaulting his girlfriend.
The unprecedented action means that Democrats no longer have the 32 votes needed to pass legislation on the sharply divided chamber, which also has 30 Republican members.
No lawmakers spoke in favor of the resolution tonight, which was adopted after Democrats met behind closed doors for more than five hours to consider what to do. A motion to merely censure him was also on the table.
Monserrate and two of his allies spoke against the resolution to oust tonight.
“I was denied basic due process,’’ said Monserrate, who was caught on videotape on Dec. 18, 2008, dragging his girlfriend, Karla Giraldo, through the lobby of his apartment building. She was bleeding from cuts to the face, which the couple said she received when he stumbled and inadvertently slashed her with a broken glass.
Monserrate was acquitted of felony charges related to the incident - which would have led to his immediate ouster - but was found guilty in October of one misdemeanor charge.
He has promised a legal fight to try to keep his seat.
He said lawmakers who voted to oust him are trying to “expiate all of their sins by making Hiram Monserrate a scapegoat.’’
Gov. David Paterson has promised to call a special election promptly to fill the vacancy. Queens Democratic Party leaders are backing Assemblyman Jose Peralta for the post.

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