ALBANY - Gov. Eliot Spitzer's former communications director refused Monday to testify or provide information under a subpoena issued by a Senate committee investigating an alleged plot to smear the state's top Republican.

“So much for `full cooperation,”' Senate investigations committee Chairman George Winner said of the move by former Spitzer aide Darren Dopp. “The governor clearly told him not to provide any information and assert certain privileges and he said, `Yes, sir.”'

Winner, a Republican senator from Elmira, said Dopp could face a misdemeanor charge of contempt of the Legislature.

Terence Kindlon, Dopp's lawyer, said he will try to bring the issue to a state Supreme Court judge in Albany who is scheduled to consider in early November whether the governor is protected from the Senate's subpoenas.

“We're caught between a rock and a hard place,” Kindlon said. “We had a subpoena from the Senate committee and a demand from outside counsel to the governor saying you will be violating a privilege that exists in favor of the executive chamber.”

“We don't at this point know what's right and what's not, so we are doing what people do when there is a question that needs to be resolved: We are asking that it be resolved by a judge,” Kindlon said.

He said the Senate knew there would be no testimony or substantial information provided on Monday.

Attorney General Andrew Cuomo reported in July that Dopp and at least one other top Spitzer aide used state police to compile travel reports on Senate Republican leader Joseph Bruno. The data tracked Bruno's use of state aircraft and a state police driver on days he attended Republican fundraisers after meeting with lobbyists. The travel records were then provided to a newspaper reporter who had requested them.

A subsequent investigation by Albany County District Attorney P. David Soares found no wrongdoing and no plot to smear Bruno. The Senate investigations committee and the state Public Integrity Commission continue to investigate the case, which has led to gridlock in Albany since early summer.

A letter from Kindlon was delivered to the committee as it prepared to question Dopp and receive e-mails, private e-mail accounts and other documents.

“We reminded everyone on the record of the provisions of the penal law involved in contempt of the Legislature,” Winner said. “Our next step is either to enforce this on our own, or fold it into other litigation that's going on with the governor's office.”

Spitzer is fighting the Senate committee's subpoenas. The Democratic governor has said the hearings run by Republican Senators are politically motivated.

“The stonewalling continues, notwithstanding the promises of transparency,” Winner said. “It just belies the facts.”

“The Senate's subpoena raises significant separation of powers issues,” said Spitzer spokeswoman Christine Anderson. “We have reached a mutual agreement with the Senate that these matters should be determined by the courts.

“All of Darren Dopp's actions were taken when he was a member of the executive branch, and thus whether he needs to testify or produce documents will be decided in that litigation,” she said. “Our understanding is that Darren intends to fully cooperate based upon whatever decision is made by the courts.”

Spitzer said he is fully cooperating with the integrity commission probe as he did with the investigations by Cuomo and Soares, both of whom are Democrats.