After being convicted on a misdemeanor charge in an assault case, the list of opposition against Senator Hiram Monserrate continues to grow. And as Capital Tonight's Erin Billups reports, Tuesday it appears Senate Democratic Leader John Sampson plans to take action.

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ALBANY, N.Y. -- "I urge him to resign," said Senator Neil Breslin (D) of Delmar.

Call after call from Senate Democrats and Republicans asking for one thing.

"Really what might be in everybody's best interest, including his own, get some counseling, step down, and move on," said Senator Joe Robach (R) of Rochester.

Monday both of the state's U.S. senators joined the chorus. Senator Chuck Schumer said state Senator Hiram Monserrate "should do the right thing" and resign, even though he was only convicted of a misdemeanor.

Senator Breslin said, "Whether it's a felony or a misdemeanor, it's a crime of domestic violence."

Something New York's junior senator said cannot be tolerated.

Senator Kirsten Gillibrand issued a statement 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."

And it seems the Senate is gearing up to take action. Sources tell us that Tuesday Senate Democratic Leader John Sampson will announce the creation of a committee that will investigate how to proceed with Monserrate. It will consist of nine members, five Democrats and four Republicans. While the outspoken Breslin will likely not be on the committee, he said it's time to restore respect and honor to the chamber - a hard task he said with characters like Monserrate in office.

Senator Breslin said, "I urge all my fellow Democrats throughout the state to come forward and urge the same conclusion that Hiram Monserrate resign from the Senate. And I said excuse me, I also wouldn't mind if Pedro Espada resigned at the same time."

The latter may be a hard sell. Still, many plan to remain silent, including the governor who said he does not want to interfere with the legislative process.

The state constitution gives the legislative bodies the ability to judge their members but does not give specific details of how they should go about doing it. A Senate spokesman said after the committee reviews its options, senators can either vote to censure or expel Monserrate.