Felix Herrera Garcia briefly appeared in federal court in Lower Manhattan.
The judge set an October 12 return date for Garcia and the others facing federal charges in the case. They are all being held without bail.
Prosecutors say, Garcia, who was seen fleeing the day care out a back alley carrying two heavy shopping bags while the children were ailing, is charged with conspiracy to distribute narcotics resulting in death in connection with the poisoning of four children under the age of three.
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Nicholas Dominici died.
Investigators say Garcia fled the country after the incident at the day care.
Garcia's wife, the day care's owner, Grei Mendez, is among three others charged in the conspiracy. She and the others were expected to be arraigned Thursday on separate, state murder charges.
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Law enforcement sources told ABC News that Mendez removed her own toddler from the day care out of fear he would succumb to fentanyl exposure but never alerted authorities to hear concerns.
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