Hiram Monserrate is out. The State Senate voted to immediately expel the Queens Democrat as result of his misdemeanor assault conviction. Capital Tonight's Erin Billups joined us from outside the Senate chamber with the latest.

ALBANY, N.Y. – The New York State Senate has voted to immediately expel Queens Senator Hiram Monserrate as result of his misdemeanor assault conviction by a vote of 53 to 8.

Lawmakers decided against a resolution that would wait until June for his expulsion, giving Monserrate time to appeal his misdemeanor conviction.

Monserrate spoke in his defense following the vote, saying the Senate's actions are illegal and unconstitutional.

"Expulsion is an extreme action that clearly aggregates the rights of people who exercise their democratic right to vote," Monserrate said.

Monserrate also apologized.

A judge convicted Monserrate on a misdemeanor assault charge because of surveillance video that shows the Queens senator dragging his girlfriend in his apartment lobby in December 2008.

If Monserrate had been convicted of a felony, he would have automatically lost his Senate seat.