Mark M. Baker

Attorney Profile

Top Rated Appellate Attorney in New York, NY

Brafman & Associates, P.C.
 | 767 Third Avenue, 26th Floor
New York, NY 10017
Phone: 332-233-6597
Fax: 212-750-3906
Selected To Super Lawyers: 2009 - 2020
Licensed Since: 1973
Education: Brooklyn Law School
Practice Areas:
  • Appellate (90%),
  • Criminal Defense (10%)
    Attorney Profile

    Mark M. Baker is an attorney at Brafman & Associates in New York, New York, where he works in criminal defense, particularly in appeals. Mr. Baker has been practicing law for over four decades and has substantial experience with white collar criminal defense. He represents clients in the New York City area and statewide.

    Over the course of his career, Mr. Baker has represented individuals, business leaders and national politicians. He began his legal career at the Brooklyn District Attorney’s Office Appeals Bureau and later served as a special assistant attorney general. He began doing criminal appellate work in 1983.

    An elected fellow of the New York Bar Foundation, Mr. Baker is the recipient of various other awards for his accomplishments. He is the supervising appellate attorney at the Cardozo Law Criminal Appeals Clinic and has served as an adjunct professor of law at Touro College Jacob D. Fuchsberg Law Center.

    Mr. Baker belongs to the New York Criminal Bar Association, the New York Council of Defense Lawyers, the New York County Lawyers Association, the New York State Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers and the American Bar Association. He has held leadership roles in the New York City Bar and the New York State Bar Association, and has written and lectured about criminal defense for numerous professional organizations and events.

    Mr. Baker earned a bachelor’s degree from Syracuse University and received his law degree from Brooklyn Law School. He holds licenses to practice law before all New York state courts, several federal and appellate courts, and the Supreme Court of the United States.

     
    Practice Areas
    • 90%Appellate
    • 10%Criminal Defense
    Focus Areas

    Appeals, Criminal Law

    Selections

    Selected to Super Lawyers for 12 yearsbottom-image

    Super Lawyers: 2009 - 2020

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    About Mark Baker

    Admitted: 1973, New York

    Professional Webpage: https://mmbcriminalappeals.com/mark-m-baker-ny-criminal-appe...

    Honors/Awards:

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

    Special Licenses/Certifications:

    • U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Ninth and Eleventh Circuits

    Bar/Professional Activity:

    • New York County Lawyers Association, Member
    • National Association of Criminal Defense Lawyers, Member
    • New York Counsel of Defense Lawyers, Member
    • New York City Criminal Bar Association, Member
    • New York State Association of Criminal Defense Lawyers, Member
    • New York State Bar Association, Criminal Justice Section, Member, Executive Committee, 2005 – 2008
    • American Bar Association, Member
    • 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
    • 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, Interim Member, Committee on the Judiciary, 1998 – 2001
    • The Association of the Bar of the City of New York, Member, Committee on Criminal Courts, 1986 – 1989
    • U.S. Supreme Court
    • U.S. Court of Appeals 9th Circuit
    • U.S. Court of Appeals 11th Circuit
    • U.S. Court of Appeals 3rd Circuit
    • U.S. Court of Appeals 5th Circuit
    • U.S. Court of Appeals 4th Circuit
    • U.S. Court of Appeals 2nd Circuit
    • U.S. District Court Western District of New York
    • U.S. District Court Northern District of New York
    • U.S. District Court Eastern District of New York
    • U.S. District Court Southern District of New York
    • New York, 1973
    • New York and Federal Criminal Appeals
    • New York Post-conviction Collateral Litigation & Federal habeas corpus
    • National Association of Criminal Defense Lawyers New York State Association of Criminal Defense Lawyers New York City Criminal Bar Association New York Council of Defense Lawyers
    • The Association of the Bar of the City of New York (Committee on Criminal Courts, 1986-1989; Committee on the Judiciary, 1998-2001, 2007-2008, 2008-2009 [Interim]; Council on Criminal Justice, 2004-2007); New York State Bar Association (Criminal Justice Section, Co-Chair, Committee on Appellate Practice, 2005 -2008; Executive Committee, 2005-2009), American Bar Association; National Association of Criminal Defense Lawyers; New York State Association of Criminal Defense Lawyers; New York City Criminal Bar Association; New York Counsel of Defense Lawyers; New York County Lawyers Association

    Pro bono/Community Service:

    • 1993- present: Cardozo Law School Criminal Appeals clinic, supervising law student representation of indigent defendants; 2008-2010, President, and member, Board of Directors, Windsor Apts., Inc., Riverdale, New York

    Scholarly Lectures/Writings:

    • Chapter 16 (Defenses), New York Criminal Practice Handbook, Supplement, 1994
    • 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
    • Motions Addressed to the Indictment, New York County Lawyers Association, Brooklyn Bar Association, Queens County Bar Association
    • Extraordinary Trial Defenses, New York County Lawyers Association
    • Supervising Appellate Attorney, Cardozo Law School Criminal Appeals Clinic, 1993 – Present
    • Adjunct Professor of Law, Touro College Law Center, Huntington, New York, 1999 – 2000
    • “Offering Defense Witnesses to New York Grand Juries”, N.Y.L.J., December 9, 2009
    • Rikki Klieman, the Play’s the Thing, Lifestyles Magazine, Fall, Vol. 30, No. 181, 2002
    • “Ben Brafman, Swimming in the Fish Bowl”, Lifestyles Magazine, Summer, Vol. 29, No. 174, 2001
    • Miscellaneous Lecture Outlines; Non-Legal: “Sol Wachtler, A New Leaf”, Lifestyles Magazine, Spring, Vol. 26, No. 143, 1996
    • “Does Federal Anti-Terror Act Infringe on Court Independence?”, N.Y.L.J., March 11, 2009
    • “AEDPA: Habeas Petitions”, N.Y.L.J., January 20, 2005
    • Discussion of what is need to ensure federal habeas review following exhaustion of remedies in state court, Exhausting State Remedies in Criminal Leave Applications, 1999
    • Discussion of the abrogation of an evidentiary rule by New York's highest Court absent even mention of the rule, The Silent Death of People v. Bernier, N.Y.L.J., 1998
    • Discussion of the then proposed New York death penalty provision, Death is too Final, N.Y.L.J., 1995
    • Discussion of the rules dictating less extensive legal instructions in grand juries, Petit Jury Versus Grand Jury Instructions: Exploring a Legal Wilderness, Criminal Justice Journal, N.Y.S. Bar Asso, 1998
    • Discussion of the due process legal defense in New York-based on questionable investigative techniques, The Archer Aftermath and Due Process Defense in New York N.Y.L.J., 1981
    • Discussion of the former New York rule providing for automatic reversal when prosecution withholds a witness's prior statements, Remedying Rosario Violations Uncovered after Verdicts and Following Pre-trial Hearings: Has Per Se Become Passé?," Criminal Justice Journal, N.Y.S. Bar Asso, 1999
    • Updating discussion of techniques to elevate chances of success in seeking discretionary review in the New York Court of Appeals, Crafting Criminal Leave Applications: An Update, 2000
    • Discussion of the end of the rule in New York that allowed for automatic reversal where prosecution had withheld a witness's prior statements, The Rosario Per Se Rule: Rest in Peace, 2002
    • Discussion of how to protect the record for appellate review of claims of evidentiary insufficiency, Preserving Appeals Over Evidentiary Insufficiency, 2002
    • Discussion of new rules for bringing petitions pursuant to 28 USC 2254, Habeas Under the Antiterrorism and Effective Death Penalty Act, 2002
    • comparison of motions following verdict in federal and New York courts, Post-Verdict Motions Under State and Federal Criminal Practice, N.Y.L.J, 2002
    • discussion of non-citizen rights when pleading upon erroneous deportation advice, Ineffective Assistance of Counsel Claims and Deportation Consequences, N.Y.L.J., 2004
    • Discussion of availability of motions following verdict in federal court, Federal Post-Verdict Motions – An Update,” N.Y.L.J., 2006
    • Bringing Newly discovered evidence claims upon the recantation of prosecutorial witnesses, “Newly Discovered Evidence Claims Based on Recantation,” N.Y.L.J., 2007

    Educational Background:

    • Syracuse University, Syracuse, New York, B.S. – 1969 

    Industry Groups

    • Nat'l Association Of Criminal Defense Lawyers
    • New York City Bar Association. NY County Lawyers Association
    • New York Criminal Bar Association
    • New York State Association Of Criminal Defense Lawyers
    • NY Council Of Defense Lawyers
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    Office Location for Mark M. Baker

    767 Third Avenue
    26th Floor
    New York, NY 10017

    Phone: 332-233-6597

    Fax: 212-750-3906

    Mark M. Baker:

    Last Updated: 8/18/2020

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