A New York state judge on Tuesday dismissed two terrorism charges against Luigi Mangione but ruled that second-degree murder charges could stand in the case arising from the December killing of UnitedHealthcare CEO Brian Thompson.

Judge Gregory Carro said prosecutors had not established sufficient evidence to justify terrorism-related murder charges they sought against Mangione in the state criminal proceeding. The ruling leaves state second-degree murder counts intact while the defendant continues to face separate federal murder charges that could carry the death penalty.

Prosecutors allege Mangione gunned down Thompson on a busy Manhattan street in December. The state-level hearing on Tuesday addressed the sufficiency of evidence supporting terrorism-related murder allegations, and Carro concluded the standard required to advance those specific charges was not met.

The decision does not affect the federal case against Mangione, which prosecutors have brought separately. Federal murder charges remain pending and include allegations that, if proven and adjudicated under federal law, could expose the defendant to capital punishment.

Mangione’s defense and the Manhattan district attorney’s office did not immediately release statements following the judge’s ruling. The outcome of the state proceedings will proceed on second-degree murder counts unless further legal motions alter the posture of the case.

The split between state and federal prosecutions is not uncommon in high-profile killings and reflects different legal standards and potential penalties under state and federal statutes. State second-degree murder typically requires proof that a defendant acted intentionally or recklessly with extreme indifference to human life, while federal charges can involve different elements and sentencing exposures.

Court filings and public records show that the shooting drew significant attention given the victim’s corporate profile and the location of the attack in Manhattan. The state ruling to dismiss terrorism-related charges narrows the legal theories prosecutors may advance in the state trial, but it leaves intact the broader criminal response through both state and federal channels.

Further court dates have not been detailed in the state record released on Tuesday. The federal case will proceed according to the schedule and procedures of the U.S. Attorney’s Office and the federal courts handling those charges.