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NY Post
New York Post
10 May 2023


NextImg:Ex-con Hiram Monserrate who pleaded guilty to misappropriating public funds can run for his old NYC council seat: ruling

Ex-con and former New York City pol Hiram Monserrate can make another comeback bid for his old council seat, according to a court ruling issued Tuesday.

The City Council had approved a law in 2021 to disqualify anyone convicted of public-corruption crimes while in office — specifically involving the theft of taxpayers or misuse of their public office — from running for mayor, other citywide offices, borough president or council.

Police insiders said the law was clearly aimed at blocking Monserrate, who in 2012 pled guilty to misappropriating public funds earmarked for a not-for-profit group during his time as a city councilman.

Before he pleaded guilty, Monserrate had become a state senator and was then expelled by the chamber in 2010 after also being convicted of a misdemeanor assault charge involving his ex-girlfriend, Karen Giraldo.

He was sentenced to 21 months in federal prison for the public-funds crime.

After getting out of prison, he ran and lost in several races, including against Francisco Moya, the incumbent Queens councilman, in 2017.

A Manhattan state Supreme Court judge’s decision to strike down a 2021 City Council law will allow disgraced politician Hiram Monserrate to run for office again.
Gregory P. Mango

Monserrate has continued to try to return to elected office — and he just got the boost he needed from a court.

Manhattan state Supreme Court Judge Machelle Sweeting on Tuesday struck down the City Council law as unconstitutional, saying the law can only be applied going forward, not retroactively to ex-convicts such as Monserrate who already served their sentence.

Monserrate pled guilty in 2012 to misappropriating public funds earmarked for a not-for-profit group.

Monserrate pled guilty in 2012 to misappropriating public funds earmarked for a not-for-profit group.
Ellis Kaplan

Veteran election lawyer Jerry Goldfeder had challenged the law on behalf of Queens voters allied with Monserrate.

Monserrate, currently a Democratic district leader, applauded the judge’s ruling Tuesday and said he would be running for council again.

“As a result of this decision, I can run for City Council. We should all understand that government should not use its power to disqualify a candidate or favor one candidate over the other,” he said.

He has made a partial comeback, getting elected a Democratic Party District leader three times since 2018.