NY Senate to decide Monserrate's future

ALBANY, N.Y. (AP) - The New York State Senate is set to decide whether to expel or censure a senator convicted of misdemeanor assault.

Sen. Hiram Monserrate, a Queens Democrat, was convicted of dragging his girlfriend through his apartment lobby, but wasacquitted of a felony. A felony conviction would have automatically cost him his job.

Senate Democratic leader Malcolm Smith says he expects there will be enough votes to expel Monserrate. The vote is expected later Tuesday.

Expelling Monserrate could weaken the Democrats in a chamber that was paralyzed by partisanship last year. They'd be left with just a 31-30 majority, with at least two Democrats who have voted against their party at times.

Monserrate says he's not leaving and is appealing the assault charge.