DEVELOPING STORY: Smith calls coup illegal, says 'I'm still Majority Leader'

June 8, 7:22 PMNY Government ExaminerMichael A. Harris

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Speaking at an Albany news conference moments ago, State Senate Democratic Leader Malcolm A. Smith said that he is still the Majority Leader.

Smith maintains that the Senate had been adjourned at the time that the coup to oust him and as such was illegal.

"Let me be very clear, I am the Majority Leader of the New York State Senate," said a defiant Smith, flanked by his Democratic Colleauges. 

Smith said that he wouldn't allow the legislative session, which only has eight days left to resume until such time as he was certain it would be able to resume the business of government, not "partisan trickery."

Smith says that any attempt by Republicans to convene the chamber would be illegal and that he was prepared to take this matter to court.

"Only the Senate Majority Leader can call a session to order and until a judge says otherwise, that's me," he said

The New York State Democratic Party and New York State Young Democrats declined to comment, saying that they were aware of the incident, but would let Smith speak for himself.

College Democrats of New York President Ian Rivera spoke out strongly in Smith's defense, issuing the following statement and speaking exclusively with this reporter (coming soon):

The College Democrats of New York are shocked by the backroom dealings that resulted in today’s events on the floor of the New York State Senate. We are deeply troubled that partisan politics may get in the way of crucial legislation and balancing the budget.  We urge the State Senate to put partisanship aside and continue to work for their constituents, New Yorkers, and resolve this matter honestly and fairly.  No matter what the outcome, we are going to continue to fight for more and better Democratic State Senators in 2010. The voters of New York State elected a Democratic majority in the legislature and their will should be respected and reflected in the State Senate leadership