The driver accused in a fatal hit-and-run in North Bay Shore entered a plea of not guilty in a Central Islip courtroom Sunday.

A judge ordered that Edwin Gutierrez, of Manhattan, be held without bail or bond in the death of 69-year-old Dionel Ramirez.

Police say Ramirez, of North Amityville, was collecting surplus food from the 7-Eleven on Pine Grove Boulevard on Nov. 28 when the incident happened. They say 48-year-old Gutierrez got into Ramirez's running car and attempted to steal it.

Ramirez reportedly tried to stop him from taking off when he was run over with his own car.

Assistant District Attorney Robert Biacavilla says Gutierrez ditched the car and his cellphone in Brentwood, near his sister's house. He says police were able to track the phone to locate Gutierrez, and he was arrested Friday afternoon near his apartment in Manhattan.

He is facing charges of second-degree murder, first-degree robbery and third-degree attempted grand larceny.

Gutierrez's attorney says his client is an alcoholic who has prior convictions, and says prosecutors may have a hard time establishing a felony murder charge. "I think he may have an issue in regard to blackout drinking, and based on that, it would be difficult to prove reckless mental state for murder," said defense attorney Michael Elbert.

Gutierrez is due back in court on Dec. 11 to have his case heard in front of a grand jury.