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The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms.^[2] There are no limits on the number of terms one may serve. The New York Constitution provides for a varying number of members in the Senate; the current membership is 62, elected from single-member constituencies equal in population.

The Senate is headed by its President, a post held ex officio by the State Lieutenant Governor. The Lieutenant Governor also casts the deciding vote in the event of a tie. The Senate President has only a casting vote. More often, the Senate is presided over by the Temporary President, a post which is normally also held by the Majority Leader. After the 2008 elections, the Senate had a Democratic majority for the first time since 1965.

The Senate has one additional member outside those who are elected by the people: the Secretary of the New York State Senate is a post that is chosen by a majority vote of the senators, and does not have voting power (he is allowed, though officially discouraged, from discussing and negotiating legislative matters). The Secretary of the Senate is responsible for overseeing the handling of bills and the oversight of the sergeants-at-arms and the stenographer, both of which are answerable to the secretary. The position is currently held by Angelo Aponte, who was elected to a two-year term in January 2009.

Democrats won 32 of 62 seats in New York's upper chamber in the 2008 General Election on November 4, capturing the majority for the first time in more than four decades.^[3][4] Although New York has turned almost solidly Democratic at most levels, Republicans were able to hold onto the State Senate for all but one year from 1939 to 2008 because its apportionment traditionally favors the Upstate, where Republicans dominated until very recently. While the Democrats hold all but three seats in New York City, they hold only five seats in the Upstate and two seats on Long Island.

However, a power struggle emerged before the new term began. Four Democratic senators—Rubén Díaz (Bronx), Carl Kruger (Brooklyn), and Senators-elect Pedro Espada (Bronx) and Hiram Monserrate (Queens)—immediately refused to caucus with their party.^[5] The self-named "Gang of Four" refused to back Malcolm Smith as the chamber's majority leader and sought concessions.^[6] Monserrate soon reached an agreement with Smith that reportedly included the chairmanship of the Consumer Affairs Committee.^[7] The remaining "Gang of Three" reached an initial compromise in early December that collapsed within a week,^[8] but was ultimately resolved^[9] with Smith becoming majority leader^[10] until early June 2009, when two Democrats joined with Republicans to elect a new leadership for the New York State Senate, reaching a power-sharing deal under which Republicans became, again, technically the majority party.

Though there are still 32 Democrats and 30 Republicans in the Senate, on June 8, 2009, elected by the people of New York, Senators Hiram Monserrate (D-Queens) and Pedro Espada, Jr. (D-Bronx)—who were part of what was described by the Associated Press as a "parliamentary coup"—allegedly voted with the 30 Republican members to install Senator Dean Skelos (R-Nassau) as the new majority leader of the Senate, replacing Senator Malcolm Smith (D-Queens).^[15][16]

The move came after Republican whip Tom Libous introduced a surprise resolution to vacate the chair and replace Smith as temporary president and majority leader. In an effort to stop the vote, Democratic whip Jeff Klein unilaterally moved to recess, and Smith had the lights and Internet cut off. However, they were unable to stop the session. All 30 Republicans plus two Democrats, Monserrate and Espada, voted in favor of the resolution. In accordance with a prearranged deal, Espada was elected temporary president and acting lieutenant governor while Skelos was elected majority leader.^[17] Both Monserrate and Espada were members of the original "Gang of Four" (the other two being Ruben Diaz and Carl Kruger), a group of Democratic senators that threatened to defect to the Republican caucus to prevent Smith from taking control of the chamber in January 2009. Monserrate had backed out of the Gang at the time, being the first of the four to back Smith.

The apparent Republican seizure of power is tenuous in any event. Smith claims the vote was illegal because of Klein's motion to adjourn; parliamentary procedure stipulates that a vote to adjourn takes precedence over all other business. However, Smith, Klein, and most of the Democrats walked out before an actual vote to adjourn could be taken. Smith has also claimed that it is illegal to oust the majority leader in the middle of a two-year term, and as such, leaders can only be replaced at the beginning of a term, except in the case of death or resignation. Smith still asserts that he is majority leader and intends to challenge the vote in court. He has locked the doors of the state senate chambers in an effort to prevent any further legislative action.^[18] The Espada-Skelos coalition majority, which is also courting as many as ten more Democrats,^[19] announced plans hold sessions in the "Well" of the legislative office building until chamber doors are reopened.^[20] By the time of the scheduled session on June 10 at 3:00 p.m., at the request of Governor David Paterson, the keys to the senate chamber were turned over to the coalition;^[21] Smith has claimed that the coalition stole the key.^[19] The scheduled session was eventually postponed.^[19]

Additionally, both Monserrate and Espada faced accusations of unethical or criminal conduct. Monserrate was indicted for felony assault in March and would automatically lose his seat if convicted. New York, like most states, has a provision in its state constitution which bars convicted felons from holding office.^[18] Espada is the target of a state investigation into whether he funded his campaign with money siphoned from a nonprofit health care agency he controls. The Bronx's district attorney is also investigating charges that Espada actually lives in Mamaroneck (ironically, the home of fellow Democratic state senator Suzi Oppenheimer rather than the north Bronx district he represents.^[22]

As a result of the coup, Senate Democrats voted for John Sampson to replace Malcolm Smith as Democratic Leader. This led Hiram Monserrate to declare that he would once again caucus with the Democrats, which led to a 31-31 split.^[23]

On July 9, 2009, a source stated that Sen. Pedro Espada Jr. would be rejoining the Senate Democratic Conference after reaching a deal to have Malcom Smith be pro tem for a while until a "transition period" occurs in which Senator Sampson would replace him, and Espada as the majority leader.^[24]

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