Kings County Conviction Review Unit Lawyer

The Brooklyn District Attorney’s Conviction Review Unit operates differently than most parts of the criminal justice system. Rather than building cases forward, it scrutinizes cases backward, examining old convictions with fresh eyes to determine whether a guilty verdict still holds up under scrutiny. For anyone whose case lands before that unit, whether as a petitioner hoping for relief or as someone whose conviction is being reconsidered, the process carries enormous stakes and requires counsel who understands both sides of the table. A Kings County Conviction Review Unit lawyer has to know how these reviews actually work in practice, not just in theory, because the procedural terrain is genuinely different from a trial or a standard appeal.

Brooklyn’s CRU is one of the busiest and most active conviction integrity units in the country. Since its formation, it has reviewed hundreds of cases and vacated a significant number of convictions, ranging from homicides to robberies to sexual assault cases. What makes the unit consequential is that it has the authority to essentially reopen matters that were long considered closed, and the outcomes can include full exoneration, vacated convictions, reduced charges, or new trials. Understanding how a case gets reviewed, what the unit looks for, and how to position a petition for maximum impact requires legal strategy, not just paperwork.

Whether you are approaching the Kings County CRU for the first time or have already submitted a petition that has stalled, having a lawyer who understands how conviction review intersects with post-conviction litigation, forensic science, and prosecutorial discretion is essential to navigating this process effectively.

How Jason Goldman Approaches Conviction Review in Brooklyn

Jason Goldman built his practice on a foundational principle: the courtroom is one arena, but far from the only one. Conviction review proceedings live in that in-between space where legal rigor meets prosecutorial discretion, and where knowing how to communicate your client’s case to a skeptical audience matters as much as the underlying facts. Mr. Goldman began his career as a Brooklyn prosecutor, rising through the ranks of Kings County by trying the most serious felony cases. That experience on the prosecution side is directly relevant here because he understands exactly what internal processes look like at the Kings County DA’s office, how cases are built, and where the seams are that might unravel years later.

Having tried over 25 cases to verdict, Mr. Goldman has handled criminal matters at every stage, from pre-arrest investigations through trials and into sentencing and appellate practice. Conviction review requires fluency in all of those phases simultaneously: you need to understand the original trial record as a litigator, analyze it as an appellate practitioner, and present it persuasively as someone who knows how prosecutors think. Mr. Goldman has been recognized by the New York Post as “high-powered” and by WABC’s Sid Rosenberg as “brilliant,” and the Chelsea News noted his “history of getting high-profile defendants off.” He is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the New York City Bar Association’s Criminal Courts Committee, and he has been named a New York Super Lawyers Rising Star. For someone whose conviction is on the table, that depth of experience across prosecutorial, trial, and post-conviction work is not incidental. It is the entire job.

Grounds That the Kings County CRU Typically Examines

• Newly Discovered Evidence: Physical evidence not available at trial, including biological material, surveillance footage, or digital records, can shift the factual foundation of a conviction. The CRU evaluates whether this evidence is material and whether it would have affected the outcome.
• Eyewitness Misidentification: Decades of social science research have established that eyewitness identification is far less reliable than juries historically believed. The CRU has vacated convictions where identification procedures were suggestive or where a single eyewitness was the primary proof of guilt.
• Government Misconduct or Brady Violations: Suppression of exculpatory evidence by the prosecution, whether deliberate or inadvertent, remains one of the most common grounds for conviction review. The CRU examines whether material evidence favorable to the defendant was withheld before or during trial.
• Unreliable Forensic Science: Bite mark analysis, hair comparison, certain arson investigation techniques, and other forensic disciplines that were once considered reliable have since been debunked or seriously questioned by the scientific community. Convictions resting heavily on this kind of testimony are strong candidates for review.
• Recantations and New Witness Statements: When a key witness changes their story or a new witness comes forward who was not part of the original proceedings, the CRU investigates whether the original testimony was accurate and whether the new account would alter the verdict.
• Ineffective Assistance of Counsel: While this ground is more commonly litigated through the courts, the CRU also considers cases where trial counsel’s errors were so significant that the conviction’s reliability is in doubt.
• Jailhouse Informant Testimony: Convictions built substantially on the testimony of cooperating witnesses or jailhouse informants receive heightened scrutiny, particularly when the informant had significant incentives that were not fully disclosed to the jury.

What to Do If You Are Pursuing a CRU Review in Kings County

The first and most important step is understanding that the Kings County Conviction Review Unit is not a court. It does not hold hearings in the traditional sense, and there is no formal right of appearance the way there is in a trial or on appeal. The CRU operates as an internal investigative body within the Brooklyn DA’s office, which means the process is simultaneously more informal and less predictable than standard post-conviction litigation. Cases can move slowly, sometimes sitting for months before an investigator is assigned. Having a lawyer who knows how to follow up without alienating the reviewers is part of the value.

Petitions to the CRU should be thorough and well-organized. The unit receives a high volume of requests, and cases that arrive with a clearly articulated legal theory, organized supporting documentation, and a specific evidentiary basis for review will get more traction than bare claims of innocence. The petition should identify the specific ground for review, explain what evidence or information now exists that was not available or presented at trial, and lay out clearly why this information is material to the outcome. Legal standards still apply even in an informal review context, and framing matters.

Gather the complete trial record if you do not already have it. This means transcripts, exhibits, police reports, lab reports, and anything from the original investigation. Supreme Court, Kings County, located at 320 Jay Street in Downtown Brooklyn, is where many of the original cases were tried, and the Kings County Clerk’s Office maintains trial records that may be needed to support a CRU petition. Depending on how old the case is, some records may require formal requests or court orders to obtain. Parallel to the CRU process, it is worth evaluating whether any traditional appellate remedies, including a CPL 440 motion to vacate judgment, are still available. The CRU and the courts operate independently, and a well-timed CPL 440 can sometimes work in conjunction with a CRU petition rather than against it.

Do not wait for the CRU to contact you once a petition is filed. The process benefits from organized, professional follow-up. Engage with investigators respectfully and completely, and provide any additional documentation they request promptly. Missteps in this phase, including overstating the evidence or making claims that cannot be supported, can damage credibility at a stage where credibility is everything.

The Relationship Between CRU Review and Post-Conviction Court Litigation

One question that comes up consistently is how the CRU process relates to formal court-based post-conviction remedies. They are not mutually exclusive, and understanding the relationship between them is important for anyone with a wrongful conviction claim in Brooklyn.

A CPL 440.10 motion to vacate a judgment of conviction is a formal court proceeding filed in the same court that entered the original conviction. It follows rules of evidence, requires legal argument, and results in a ruling from a judge. The CRU process is internal and prosecutorial, meaning it results in a recommendation from within the DA’s office rather than a court order. If the CRU agrees that a conviction warrants relief, the DA’s office typically joins a court motion to vacate, making the outcome far more likely. If the CRU declines to act, that does not necessarily foreclose a CPL 440 motion, but it removes the significant advantage of having the prosecution agree with the defense.

Timing strategy matters here. An attorney handling a Kings County conviction review matter has to think about whether to file a CPL 440 simultaneously, hold it in reserve, or use it as leverage to encourage the CRU to move. There is no universal right answer, and the choice depends heavily on the specific facts of the case, the strength of the available evidence, and what stage the CRU investigation is currently in. The Law Offices of Jason Goldman handles both tracks and can advise on how to sequence them effectively given your specific situation. Cases involving wrongful conviction claims in Brooklyn may also intersect with civil litigation, including claims under 42 U.S.C. Section 1983 for civil rights violations, which opens a separate but related set of considerations about timing and strategy.

Questions About the Kings County CRU Process

What is the Kings County Conviction Review Unit?

The Kings County CRU is a specialized unit within the Brooklyn District Attorney’s office that investigates claims of wrongful conviction. It examines cases where new evidence, legal developments, or credibility issues call the original verdict into question. If the unit concludes a conviction is flawed, the DA’s office may support a motion to vacate the conviction in court.

Who can submit a petition to the CRU?

Petitions can be submitted by or on behalf of individuals who have been convicted of a crime in Kings County and who believe their conviction was wrongful or unreliable. There is no formal eligibility restriction based on the type of crime, though the unit prioritizes cases with substantial and specific factual claims rather than generalized claims of innocence.

Does the CRU only take cases where someone is claiming complete innocence?

No. While actual innocence claims are a significant category, the CRU also reviews cases involving serious procedural violations, suppressed evidence, discredited scientific testimony, or other factors that undermine the reliability of a conviction even in cases where innocence is not the central claim.

How long does a CRU review take in Brooklyn?

There is no fixed timeline. Reviews can take anywhere from several months to multiple years depending on the complexity of the case, the volume of evidence to review, and the unit’s current caseload. Active legal representation can help ensure a petition receives appropriate attention and that investigators have what they need to move forward efficiently.

What happens if the CRU decides not to act on a petition?

A CRU declination does not permanently close off other legal options. A CPL 440 motion to vacate the conviction can still be filed in Kings County Supreme Court. Additionally, federal habeas corpus proceedings may be available depending on what constitutional issues are present. The CRU’s decision is not binding on the courts.

Can a lawyer contact the CRU on a client’s behalf while a case is pending?

Yes, and it is generally advisable to have legal counsel manage communications with the CRU rather than the petitioner doing so directly. Attorneys who understand the process can present information in the clearest and most legally coherent way, respond to investigator inquiries appropriately, and avoid the kind of missteps that can occur when someone unfamiliar with prosecutorial review engages the unit without guidance.

Does the CRU review cases from other counties that were transferred to Kings County courts?

The CRU’s jurisdiction is tied to convictions entered in Kings County, regardless of where the underlying conduct occurred. If a case was prosecuted by the Kings County DA and resulted in a conviction in Kings County Supreme Court or a lower Kings County court, it falls within the CRU’s purview.

What role does DNA evidence play in CRU reviews?

DNA evidence can be extraordinarily powerful in CRU proceedings, particularly in violent crimes where biological material was collected at the original crime scene. If DNA was not tested during the original investigation or if testing technology has advanced significantly since the original testing was done, new DNA analysis may provide evidence that contradicts the original conviction. The CRU works with the Office of the Chief Medical Examiner and other forensic resources in appropriate cases.

Can someone who took a plea deal seek CRU review?

Yes. Guilty pleas, including pleas to lesser charges, do not automatically disqualify a case from CRU consideration. If a plea was induced by suppressed evidence, coercion, or other factors that compromised its voluntariness, or if new evidence suggests factual innocence despite the plea, the CRU can still conduct a review. These cases require careful legal analysis to establish the proper basis for the claim.

If the CRU recommends vacating a conviction, what happens next?

A recommendation from the CRU typically leads to a joint motion filed by the DA’s office and defense counsel in Kings County Supreme Court, asking a judge to vacate the conviction. The judge reviews the motion and supporting materials and issues an order. In most cases where the DA joins the motion, the court grants the vacatur. After vacatur, the DA’s office must then decide whether to retry the case, reduce charges, or dismiss entirely. The outcome of that decision depends on the specific circumstances, including whether there is still evidence sufficient to support a new prosecution.

Kings County CRU Representation Across Brooklyn and New York City

The Law Offices of Jason Goldman represents clients from across Brooklyn’s distinct communities, including Flatbush, Crown Heights, Bed-Stuy, Brownsville, East New York, Canarsie, Bushwick, Sunset Park, Bay Ridge, Borough Park, Bensonhurst, Brighton Beach, Coney Island, Park Slope, Carroll Gardens, and Red Hook. Clients from Downtown Brooklyn, Fort Greene, Clinton Hill, Prospect Heights, and Williamsburg have also sought representation through this office. Beyond Brooklyn itself, the firm represents clients whose cases intersect with Kings County from other boroughs: those in Queens, the Bronx, Staten Island, and Manhattan who were prosecuted in Kings County courts. The firm’s representation in federal courts extends to the Eastern District of New York, which covers Brooklyn and Queens, as well as the Southern District. Mr. Goldman is admitted in New York, New Jersey, and the Southern and Eastern Districts of New York, and is available for pro hac vice admission in jurisdictions throughout the country where a Kings County conviction has broader legal implications.

Kings County Conviction Review Attorney at The Law Offices of Jason Goldman

Wrongful convictions do not fix themselves, and the Kings County Conviction Review Unit does not work on behalf of petitioners. It works on behalf of justice as the DA’s office defines it, which means having a Kings County conviction review attorney who understands prosecutorial thinking and can frame your case persuasively is one of the most consequential decisions in this process. Jason Goldman brings a former prosecutor’s instinct and a seasoned defense attorney’s advocacy to every case he takes. His approach is methodical, creative where it needs to be, and always aimed at the long-term outcome rather than just the next procedural step. Call The Law Offices of Jason Goldman to discuss your case and what options may be available to you.