A Queens woman who allegedly pushed a 46-year-old man to his death on a New York City subway track was found �fit to stand trial� on Monday, but is expected to argue that she was �mentally ill at the time� of crime, her attorney said.
Erika Menendez, 31 years old, who has a history of mental illness, is expected to argue that while a court-ordered psychiatric exam found that she understands the charges against her, she was not mentally well when she allegedly pushed Sunando Sen in the path of an oncoming No. 7 train at the 40th Street-Lowery Street station in Sunnyside, Queens, last month.
�Her position is that she was mentally ill at the time,� said criminal defense attorney Joseph DeFelice, one of two attorneys who represented Menendez during a hearing Monday in Queens Criminal Court.
Attorney Steven Raiser, who was retained by Menendez�s family, also appeared on her behalf. A later hearing will determined who will represent her at trial.
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