Mark M. Baker, Esquire

Mark M. Baker
Mark M. Baker

Mark M. Baker, Esq., provides experienced representation for appeals and other challenges to criminal convictions in New York City and throughout the state of New York. If you have the financial means to retain a private lawyer and have reviewable legal issues, Mr. Baker will provide you with experienced representation.Mr. Baker is a longstanding member of the New York legal community. He graduated with a bachelor’s degree from Syracuse University in 1969 and a law degree from Brooklyn Law School in 1972. He was admitted to the bar in 1973 and is currently admitted to practice in New York, numerous federal district and appellate courts, and the United States Supreme Court.He has focused on criminal appellate law for his entire career. After more than 10 years writing and arguing appeals for the prosecution, he began his appellate defense practice in 1983 and has represented national political figures and high-profile businessmen as well as representing average citizens.

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AREAS OF PRACTICE

  • New York and Federal Criminal Appeals
  • New York Post-conviction Collateral Litigation & Federal habeas corpus

BAR ADMISSIONS

  • New York, 1973
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of New York
  • U.S. District Court Northern District of New York
  • U.S. District Court Western District of New York
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Court of Appeals 4th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 11th Circuit
  • U.S. Supreme Court
  • EDUCATION
  • Brooklyn Law School, Brooklyn, New York, J.D. – 1972
  • Syracuse University, Syracuse, New York, B.S. – 1969

Published Works

  • Legal: “The Archer Aftermath and Due Process Defense in New York”, N.Y.L.J., December, 1981
  • Chapter 16 (Defenses), New York Criminal Practice Handbook, Supplement, 1994
  • Perspectives: “Death is too Final”, N.Y.L.J., February, 1995
  • “The Silent Death of People v. Bernier”, N.Y.L.J., January 29, 1997
  • “Petit Jury Versus Grand Jury Instructions: Exploring a Legal Wilderness”, Criminal Justice Journal, N.Y.S. Bar Assoc., Winter, Vol. 6, No. 2, 1998
  • “Exhausting State Remedies in Criminal Leave Applications”, N.Y.L.J., June 21, 1999
  • “Remedying Rosario Violations Uncovered after Verdicts and Following Pre-trial Hearings: Has Per Se Become Passe?”, Criminal Justice Journal, N.Y.S. Bar Assoc., Winter, Vol. 7, No. 2, 1999
  • “Crafting Criminal Leave Applications: An Update”, N.Y.L.J., July 17, 2000
  • “The Rosario Per Se Rule: Rest in Peace”, N.Y.L.J., March 14, 2001
  • “Preserving Appeals Over Evidentiary Insufficiency”, N.Y.L.J., January 24, 2002
  • “Habeas Under the Anti terrorism and Effective Death Penalty Act”, N.Y.L.J., September 12, 2002
  • “Post-Verdict Motions Under State and Federal Criminal Practice”, N.Y.L.J., August 4, 2003
  • “Ineffective Assistance of Counsel Claims and Deportation Consequences”, N.Y.L.J., January 7, 2004
  • “AEDPA: Habeas Petitions”, N.Y.L.J., January 20, 2005
  • “Federal Post-Verdict Motions An Update”, N.Y.L.J., February 13, 2006
  • “Newly Discovered Evidence Claims Based on Recantation”, N.Y.L.J., February 7, 2007
  • “Does Federal Anti-Terror Act Infringe on Court Independence?”, N.Y.L.J., March 11, 2009
  • Miscellaneous Lecture Outlines; Non-Legal: “Sol Wachtler, A New Leaf”, Lifestyles Magazine, Spring, Vol. 26, No. 143, 1996
  • “Ben Brafman, Swimming in the Fish Bowl”, Lifestyles Magazine, Summer, Vol. 29, No. 174, 2001
  • Rikki Klieman, the Play’s the Thing, Lifestyles Magazine, Fall, Vol. 30, No. 181, 2002
  • “Offering Defense Witnesses to New York Grand Juries”, N.Y.L.J., December 9, 2009

Classes/Seminars

  • Adjunct Professor of Law, Touro College Law Center, Huntington, New York, 1999 – 2000
  • Supervising Appellate Attorney, Cardozo Law School Criminal Appeals Clinic, 1993 – Present
  • Extraordinary Trial Defenses, New York County Lawyers Association
  • Motions Addressed to the Indictment, New York County Lawyers Association, Brooklyn Bar Association, Queens County Bar Association
  • Participant in Seminars, Lectures and Panel Discussions in Appellate Advocacy and Other Criminal Law and Procedure-Related Topics, New York University Law School, Brooklyn Law School, St. John’s University Law School, Cardozo Law School and Touro College Law Center

Honors and Awards

  • Elected Fellow, New York State Bar Foundation, 1999
  • Yeshiva University Community Leadership Award, 1990
  • New York State Supreme Court Officers Association, Leadership Citation as Counsel for Crime Victims Political Platform, 1989
  • Citation from New York State Assembly for Efforts on Behalf of Crime Victims, 1988
  • Listed in Who’s Who in American Law Beginning with 13th Edition, 2003 – Present
  • Who’s Who in America, Beginning with 59th Edition, 2005 – Present
  • Voted a New York “Super Lawyer”, 2009

Professional Associations and Memberships

  • The Association of the Bar of the City of New York, Member, Committee on Criminal Courts, 1986 – 1989
  • The Association of the Bar of the City of New York, Interim Member, Committee on the Judiciary, 1998 – 2001
  • The Association of the Bar of the City of New York, Interim Member, Committee on the Judiciary, 2007 – 2008
  • The Association of the Bar of the City of New York, Interim Member, Committee on the Judiciary, 2008 – 2009
  • The Association of the Bar of the City of New York, Council on Criminal Justice, 2004 – 2009
  • New York State Bar Association, Co-Chair, Committee on Appellate Practice, 2005 – 2008
  • New York State Bar Association, Criminal Justice Section, Member, Executive Committee, 2005 – 2008
  • American Bar Association, Member
  • National Association of Criminal Defense Lawyers, Member
  • New York State Association of Criminal Defense Lawyers, Member
  • New York City Criminal Bar Association, Member
  • New York Counsel of Defense Lawyers, Member
  • New York County Lawyers Association, Member

Past Employment Positions

  • Of counsel: Brafman & Associates, PC – 1994 to present
  • Slotnick & Cutler, P.C., 1983 – 1986
  • Slotnick & Baker, P.C., Partner, 1987 – 1994
  • Office of Special State Prosecutor Investigating the New York City Criminal Justice System, Special Assistant Attorney General, 1977 – 1978
  • Office of Special State Prosecutor Investigating the New York City Criminal Justice System, Chief of Appeals and Counsel, 1978 – 1983
  • Kings County, New York, Appeals Bureau, Assistant District Attorney, 1972 – 1976