Prosecutors are taking some time to further their case against a former Goldman Sachs computer programmer who’s facing state charges of copying confidential software after being acquitted in a similar federal case.

Sergey Aleynikov was in a Manhattan court Wednesday for an update on the new case. His arrest this month came six months after an appeals court cleared him in the federal case and freed him from prison.

The Manhattan district attorney’s offics says it hasn’t yet obtained an indictment in the new case. Prosecutors have about six months to do so. Aleynikov is free on $35,000 bond. He’s due back in court Oct. 23.

Defense lawyer Kevin Marino says Aleynikov plans to fight the case vigorously. He says it violates constitutional double jeopardy protections. Prosecutors disagree.