Sen. Hiram Monserrate Gets Probation

MYFOXNY.COM - New York State Senator Hiram Monserrate was sentenced on Friday for a misdemeanor assault conviction.

A judge sentenced New York state Sen. Hiram Monserrate to three years of probation.

The prosecution was seeking two months in prison and domestic violence counseling for dragged his bleeding girlfriend through his apartment building lobby in a violent scene caught on security cameras.

Monserrate was acquitted of intentionally smashing his girlfriend's face with a glass on Dec. 19, 2008. The wound near her eye required about 40 stitches; both said it was accidental.

"A terrible accident occurred to my girlfriend, Karla Giraldo, a person that I love, and I have to live with that forever. There were no winners here," Monserrate said outside court the day of his conviction.

Monserrate, who has been a Marine, an NYPD cop, and city councilman, has refused to resign. U.S. Sens. Charles Schumer and Kirsten Gillibrand and several other Democrats say he should. The freshman Democrat could have lost his senate seat automatically if he'd been convicted of the more serious charge, second-degree felony assault.

The Queens Democratic Party has already announced that it is backing a challenger to Monserrate in next year's primary.  Party leaders are endorsing Assemblyman Jose Peralta over Monserrate in the September 2010 primary.

Monserrate and fellow senator Pedro Espada Jr. caused a uproar in New York state politics this summer when they temporarily split from the Democratic majority and caucused with the Republicans in a power-grab attempt.  Monserrate quickly returned to the Democratic side, causing a 31-31 spilt in the State Senate.  Espada Jr. eventually ended the stalemate by returning to the Democratic side of the aisle.