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The embattled Queens lawmaker gathered with supporters at a Sunday morning press conference in Jackson Heights, Queens to once again insist that he will not give up his seat without a fight.

A State Senate committee earlier this month found Monserrate "unremorseful" following his conviction for misdemeanor assault for dragging his girlfriend, and the panel recommended the senate vote to expel or censure Monserrate.

Monserrate and Siegel said only voters should be able to remove the senator from office.

"You see some poster boards here that say the people's choice, because this is about the choice of the people," said Monserrate.

"It's about the right of the voters to choose their elected officials," said Siegel. ""The New York State Senate does not have authority to expel Senator Monserrate. And even if they do, their actions have not been consistent with due process of the law."

State Senator Eric Schneiderman, who led the special committee investigating Monserrate's conviction, said there is no question the Senate has the legal authority to remove Monserrate from office.

"This is a very unique set of circumstances. This conduct is unlike anything we've ever seen. And I just think it's too bad that Senator Monserrate continues to blame other people and refuses to take responsibility for his own conduct which is what got him into this situation," said Schneiderman.

Schneiderman said his fellow senators need to read the committee's report and decide when to vote on Monserrate's expulsion or censure.