Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Did the Senate Break the Law By Expelling Monserrate?
By
Ben Muessig
Published Feb 10, 2010
Modified Feb 10, 2010
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
Ben Muessig
Published Feb 10, 2010
Modified Feb 10, 2010
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
The Senate might have overstepped its bounds and broken the law when it voted to expel embattled state Sen. Hiram Monserrate, according to insiders and the disgraced Queens Democrat. After being acquitted on felony charges but convicted of misdemeanor assault charges for slashing his girlfriend in the face, the former cop has vowed to fight the ruling—and he might turn out winning.
Daily News columnist Juan Gonzalez writes that although Monserrate should have resigned after the scandal erupted, the Senate "can't simply claim some dubious legal authority to expel him, as it voted to do last night." New York law mandates the removal of any politician convicted of a felony, but the state's Constitution hasn't allowed Legislators to kick out their peers since 1821. Gonzalez evokes several past instances in which legislators broke the rules in attempts to vote out unpopular members or perceived enemies, and in most cases, those expulsions were overturned in court.
For his part, Monserrate says he'll be back. "They haven't seen the last of Hiram Monserrate," the Queens Democrat told the Daily News over breakfast at a Queens pancake house. "This is an absolute injustice and deprives my constituents of their rights … It's unacceptable and the height of arrogance." He added: "This was a kangaroo court that kicked me out … There were no rules. The decision was made before anyone looked at the evidence."
Tagged
appeal
assault
expel
expulsion
felony
hiram monserrate
illegal
law
legal
misdemeanor
queens
state senate
vote
Ben Muessig
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Dump truck driver hits and kills cyclist on 34th Street in Midtown, NYPD says
It's the latest in a string of hit-and-run deaths in the city in recent months.
By
Liam Quigley
Published Sep 28, 2026 at 4:15 p.m. ET
New ingredient mandated for Latin American kitchen, restaurant plates in NJ
The Garden State now requires that corn masa dough and flour made and sold in the state be fortified with folic acid.
By
Arya Sundaram
News
New ingredient mandated for Latin American kitchen, restaurant plates in NJ
The Garden State now requires that corn masa dough and flour made and sold in the state be fortified with folic acid.
By
Arya Sundaram
A Brooklyn jail cell filled with smoke. The emergency button failed, a lawyer said.
By
Samantha Max
Crews launch tunnel machines to dig first new Hudson River rail tunnels since 1910
By
Michael Sol Warren
NYC nor’easter dries up after weather service reports minor flooding
By
Ramsey Khalifeh
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .