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Updated 10/20/2009 06:02 AM

Senators Schumer and Gillibrand call for Monserrate to resign

By: Web Staff

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NEW YORK -- Both of New York's U.S. senators are calling for Queens Senator Hiram Monserrate to resign following his conviction on a misdemeanor assault charge.

Last week, Monserrate was acquitted of felony assault charges but convicted of a misdemeanor in connection with a domestic incident with his girlfriend, Karla Giraldo.

Senator Kirsten Gillibrand issued a statement Monday saying, "Domestic violence has no place in our society, and certainly has no place in the State Legislature. A court of law has found Sen. Monserrate guilty of domestic violence, and I believe he should resign immediately. If he does not resign, then the Senate should move to expel him. We must take a hard line against violence toward women in our society."

Fellow U.S. Senator Charles Schumer also said Monserrate "should do the right thing" for the state and his constituents and step down.

A felony conviction would have forced Monserrate out of office. The spokesman for the Senate Democrats said that the leadership is still discussing what to do. Senators can vote to censure or expel Monserrate following a committee review.

Monserrate's attorney told the New York Daily News that there is no legal basis for him to be removed, and the senator said through a spokesman last week that he had no intention of stepping down.

Monserrate faces up to a year in prison at his sentencing on Dec. 4.