New York Senator Hiram Monserrate, who was found guilty of a misdemeanor assault charge in October for dragging his girlfriend at his apartment, said he will fight his expulsion from the State Senate in court.

The State Senate voted 53-8 Tuesday night to immediately expel Senator Monserrate, a Democrat from Queens. The lawmakers said his conviction for misdemeanor assault had brought shame on the chamber, the New York Daily News reports.

Monserrate called the expulsion an injustice to the people who elected him, according to the Associated Press.

The New York State Senate does not have the constitutional and legal authority to expel Senator Monserrate, the lawmaker's lawyer Norman Siegel said, according to the New York Times.

Monserrate's expulsion means the Senate will have 31 Democrats and 30 Republicans. Although Democrats retain the majority, they lack 32 votes to pass any legislation without Republican help.

This is the first expulsion from Senate since the 1920's, according to the New York Times.