 According to a memorandum leaked to the "New York Times" in December 2008, the remaining "Gang of Three" tried to use their leverage to have one of them named Senate Majority Leader and another named chair of the Senate Finance Committee, and to obtain a guarantee that the Senate would not vote on the issue of same-sex marriage.This deal fell through, and the three reached a compromise with State Senator Malcolm Smith in January 2009, recognizing Smith as Senate Majority Leader.In 2010, Díaz was challenged by Carlos "Charlie" Ramos in a Democratic primary campaign.