Yes, death is not a binary state physically, but it is legally. This is what cryonics counts for.
Also, conscience is not binary; there is plenty of evidence that it is uneven and noncontinuous. People lose conscience and then regain it and live on all the time. Many people live in reduced states of consciousness most or all of the time. Our mind tries to maintain illusion of continuity of consciousness for our convenience. Sometimes people survive ridiculous amount of brain damage (men living with a hole in their head). All this is evidence that whatever forms our conscience is very redundant and just might survive the damage of what today is considered death and future restoration. Especially with the help of whatever medical technology will be available in the future (nanotech, hi-res brain scanning, etc.); especially if it would be needed anyway to counter the damage sustained during cryopreservation.