Driver mistakenly faced felony in pedestrian death

Nassau prosecutors mistakenly charged a Uniondale driver, accused of killing a pedestrian, with a felony carrying a tough prison sentence, only to be forced to withdraw the charge just before his arraignment after realizing that version of the law didn't exist.

Patrick Noel, 21, was awaiting arraignment in a Mineola courtroom Thursday, expecting to be charged with a felony known as "Elle's Law," said his attorney, Roxanne Paquette of Rockville Centre.

But minutes later, Noel was released without posting bail after prosecutors told a judge they were withdrawing the charge. Noel left court with his mother, who collapsed outside court, Paquette said. "It was an emotional day," Paquette said.

The confusion began late Wednesday when Nassau police arrested Noel after he allegedly ran down a man crossing Old Country Road. Noel was driving above the 40-mph speed limit when he fatally struck Jose Santos Amaya, 43, of Westbury, police said.

Noel was charged with Elle's Law as a third-degree vehicular assault, a class E felony, and was ticketed for insufficient headlights and speeding. Conviction for a class E felony carries a maximum sentence of 4 years in prison. Prosecutors, however, didn't realize the version that became law last Friday had been amended to a traffic violation.

Paquette said an assistant district attorney initially told her in court that, based on the felony charge, they would ask the judge to set Noel's bail at $20,000. But before Noel stood before the judge, the prosecutor said they would withdraw the charge "because the law hadn't gone into effect yet," Paquette said.

Nassau DA spokeswoman Carole Trottere said they were notified that the felony version of the law was in effect. The Senate website contained the felony version, Trottere said in a statement. "Mr. Noel was charged pursuant to the un-amended law provided on the legislative site. We moved to dismiss the charge as soon as we became aware of the discrepancy."

Elle's Law was named for 3-year-old Elle Vandenberghe, who was injured crossing a New York City street last year when she was struck by a driver who backed up through an intersection, according to published reports. The driver was ticketed.

Maureen McCormick, a Nassau assistant district attorney, said the felony was proposed but rejected by the state legislature "who settled on applying only a license suspension to the fact pattern - not a criminal charge."

The version of the law signed by Gov. David A. Paterson amends the state Vehicle and Traffic Law, and calls for a six-month license suspension for a first conviction. The incorrect version of the law remained on the state website last night.

Noel remains charged with two traffic violations.