A judge on Monday dismissed terrorism charges against Luigi Mangione in New York state’s case over the killing of UnitedHealthcare CEO Brian Thompson but he kept the state’s second-degree murder charges against the Ivy League graduate.

Mangione’s lawyers argued that the New York case and a parallel federal death penalty prosecution amounted to double jeopardy. But Judge Gregory Carro rejected that argument, saying it would be premature to make such a determination.

It’s Mangione’s first court appearance in the state case since February. The 27-year-old Ivy League graduate has attracted a cult following as a stand-in for frustrations with the health insurance industry. Dozens of his supporters showed up to his last hearing, many wearing the Luigi video game character’s green color as a symbol of solidarity. His April arraignment in the federal case drew a similar outpouring.