Erika Menendez, suspect in NYC subway shoving death, not mentally fit for trial, attorney says

(CBS/AP) NEW YORK - Tuesday's arraignment for the woman accused of shoving a man to his death from a New York City subway platform was postponed as defense attorneys contest a ruling that she is mentally fit for trial.

The defense will have its own psychiatrist examine 31-year-old Erika Menendez. She was due in court today, but her arraignment was postponed until Feb. 27.

Menendez is held on a charge of murder as a hate crime in the Dec. 29, 2012 death of 46-year-old Sunando Sen. Sen was standing on a platform in Queens on his way home when he was pushed to his death as the train entered the station. Authorities said 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 was reportedly not taking prescribed medications and was difficult to deal with.

Complete coverage of Erika Menendez on Crimesider