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The Senate overwhelmingly voted in favor of a resolution Tuesday night that called for his immediate expulsion as a result of his misdemeanor assault conviction. Democrats decided against a resolution to expel him by June 30 or following his criminal appeal. They also declined to consider a motion to censure Monserrate, which would have allowed him to keep his job.

The Queens Democrat was convicted of a misdemeanor for dragging his girlfriend through his apartment lobby in December 2008, but he was acquitted of the felony charge accusing him of slashing her face. A felony conviction would have automatically cost him his job.

Monserrate said he's being made a scapegoat.

"An effort by some in this body to demonstrate that they're going to expiate all of its sins by making Hiram Monserrate the scapegoat. Now we're going to clean up the house," he said.

While Senate Democrats maintain a one-seat majority, they don't have the crucial 32nd vote needed to pass legislation without Republican support.