Attorney: Woman accused of subway push not fit

NEW YORK -- Defense attorneys for a woman accused of shoving a man to his death from a New York City subway platform are contesting a ruling that she is mentally fit for trial.

The defense will have its own psychiatrist examine Erika Menendez.

Her arraignment, originally planned for Tuesday, was postponed until Feb. 27. Her family was in court but didn't comment.

Menendez is being held on a charge of murder as a hate crime in the Dec. 29 death of 46-year-old India native Sunando Sen. Sen was standing on a subway platform in Queens when he was pushed.

Authorities say Menendez pushed Sen because she thought he was Muslim. Sen was Hindu.

Authorities were called to her home several times in the past five years because she had not been taking prescribed medications and had been difficult to deal with.

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