Mark M. Baker, Esquire
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.
To discuss your potential appeal, contact Mr. Baker by filling out a secure online form.
AREAS OF PRACTICE
New York 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