NEW YORK -- The man accused of, appeared before a judge Tuesday.
Twenty-year-old Kevin Gomez is charged with leaving the scene of an accident resulting in death and driving without a license.
The child, Quintas Chen, was with his father at the corner of 41st Avenue and College Point Boulevard on Nov. 29 when he was hit.
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The defense attorney said Gomez did not see the child.
"He was not driving recklessly. He was simply pulling out of a spot, looking to the left, when the child came onto the right side of the car," defense attorney Todd Greenberg said.
Gomez posted bail but must wear an electric monitoring device.
He's due back in court Wednesday.
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