![](https://static01.nyt.com/images/2022/04/12/nyregion/12ny-hochul/12ny-hochul-facebookJumbo.jpg)
One of the first decisions Gov. Kathy Hochul had to make when she suddenly ascended to New York’s highest office last summer was a personnel one: Who would fill her previous role as lieutenant governor, becoming her second-in-command and running mate in the 2022 election?
The search was relatively swift, with Ms. Hochul, a white Democrat from Buffalo, homing in on elected officials of color from downstate.
She chose Brian Benjamin, a Black state senator from Harlem who was expected to help Ms. Hochul broaden her appeal in New York City. She announced her choice at a campaign-style rally in Upper Manhattan in August.
The move came despite a string of ethics questions that had followed Mr. Benjamin and centered on some dubious campaign finance practices during his time as senator and his unsuccessful run for city comptroller last year.
On Tuesday, almost eight months later, Mr. Benjamin was arrested on federal corruption charges, immediately turning one of Ms. Hochul’s first decisions as governor into one of her most potentially consequential political liabilities.
The charges against Mr. Benjamin could undermine the governor’s efforts to seek her first full term this year, and may be a campaign distraction as the Democratic primary in June nears. Ms. Hochul has led the field comfortably in early public polls, but Mr. Benjamin’s arrest could throw the race for both her office and his into flux, with Democratic and Republican rivals already sharpening their attacks.
The investigation into Mr. Benjamin’s activities had begun to dog Ms. Hochul weeks ago, just as she was negotiating the state budget, where she secured many of her favored policies related to public safety with his help.
Ms. Hochul, appearing Tuesday at the scene of a mass shooting at a Brooklyn subway station, said she would issue a statement on Mr. Benjamin’s arrest soon.
“This is not the place, but I will be addressing it very shortly,” she said, adding that “I have not had the chance to speak with him.”
Mr. Benjamin pleaded not guilty to five counts of bribery and fraud in Federal District Court in Manhattan on Tuesday and left the courthouse without speaking to reporters asking whether he planned to resign.
The governor indicated last week that Mr. Benjamin had her unwavering support, even as it became public that he had not told her while being vetted for the lieutenant governor post that his comptroller campaign had received subpoenas.
“I have utmost confidence in my lieutenant governor,” Ms. Hochul said at an April 7 news conference at the State Capitol where Mr. Benjamin sat by her side as she announced the budget deal. “This is an independent investigation related to other people and he is fully cooperating. He is my running mate.”
Most immediately, Mr. Benjamin’s arrest could upend the race for lieutenant governor. Even if he were to resign, it is too late for him to be easily removed from the ballot; the only way it could happen is if he were to leave the state, die or be nominated for a different office.
The primary contests for governor and lieutenant governor are conducted separately, raising the possibility that Mr. Benjamin could lose even if Ms. Hochul wins, which would force her to run in the November general election with a running mate she had not chosen.
Running against Mr. Benjamin are Ana Maria Archila, a progressive activist who has aligned herself with Jumaane Williams, the New York City public advocate, who is challenging Ms. Hochul from the left. Ms. Archila’s campaign sent an email to supporters on Tuesday asking for donations after news of Mr. Benjamin’s arrest broke, saying that “we need cleareyed, transparent and accountable leadership.”
“I find it remarkable that the vetting process wasn’t more vigorous,” Ms. Archila said in an interview on Tuesday, questioning Mr. Benjamin’s ability to fulfill his duties but stopping short of calling for his resignation. “It says that she wasn’t careful or thoughtful in prioritizing the public’s trust in the way she said she would.”
Representative Thomas R. Suozzi, a moderate Democrat from Long Island who is running against Ms. Hochul in the primary, issued a statement along with Diana Reyna, his informal running mate for lieutenant governor, saying that Mr. Benjamin’s arrest was “an indictment on Kathy Hochul’s lack of experience and poor judgment.”
Representative Lee Zeldin, a Long Island Republican and the party’s nominee for governor, criticized Ms. Hochul on Tuesday for her “terrible judgment” in choosing Mr. Benjamin, who he described as “a bad pick.”
“When this corruption surfaced, Hochul tripled down,” Mr. Zeldin wrote on Twitter. “She owns this … all of it! Terrible judgment!”
The Republican leaders in the State Legislature called on Ms. Hochul to demand Mr. Benjamin’s resignation on Tuesday.
“Kathy Hochul and Senate Democrats might tolerate this corruption, but New Yorkers don’t and neither do I,” said Rob Ortt, the Republican leader in the State Senate. Spokesmen for Democrats who control the Senate and the Assembly did not immediately respond to requests for comment.
What to Know About Lt. Gov. Brian Benjamin
Who is Brian Benjamin? A Democratic state senator from Harlem, he was selected by Gov. Kathy Hochul last August to be her lieutenant governor, the second-highest position in New York State. The appointment of Mr. Benjamin was widely seen as an attempt by Ms. Hochul to diversify her ticket before her first campaign for governor.
Mr. Benjamin’s arrest would seem to test the pledge Ms. Hochul made upon taking office to increase government accountability in Albany, which has been plagued for years by corruption, arrests and scandals, including, notably, the resignation of her predecessor, Andrew M. Cuomo, amid a series of sexual harassment allegations.
Rumors have swirled about whether Mr. Cuomo might attempt a political comeback by running for his old job as an independent candidate, something that would most likely be an uphill climb for him.
As governor, Mr. Cuomo largely confined Ms. Hochul to a ceremonial role. In selecting Mr. Benjamin, Ms. Hochul, a former congresswoman from the Buffalo area, said she intended to entrust him with a broad policy portfolio and treat him as a governing partner — a different relationship than the one she had with Mr. Cuomo.
But Mr. Benjamin seemed somewhat of an imperfect choice.
In January 2021, a report by the local news outlet The City questioned the authenticity of numerous contributions to Mr. Benjamin’s comptroller campaign, prompting the campaign to relinquish nearly two dozen donations.
Two months later, The Daily News reported that Mr. Benjamin had spent nearly $7,000 from his campaign account on “constituent services” to apparently pay for his wedding celebration at a Harlem jazz club in 2018, an expense that his campaign defended at the time.
The Times Union of Albany outlined instances in which Mr. Benjamin sought travel reimbursements as a state senator while also paying the expenses using his campaign account. The state Board of Elections conducted an investigation that resulted in Mr. Benjamin’s having to repay gas expenses to his campaign account; he apparently did not disclose the inquiry to the State Police when he was being vetted.
On Tuesday, Damian Williams, the U.S. attorney for the Southern District of New York, citing the indictment charging Mr. Benjamin, said he had “repeatedly lied on the vetting forms that he filled out before he was appointed lieutenant governor.”
“That’s a cover-up,” Mr. Williams said.
Jeffery C. Mays contributed reporting.