Mark M. Baker

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: 212-750-7800
Fax: 212-750-3906
Selected To Super Lawyers: 2009 - 2019
Licensed Since: 1973
Education: Brooklyn Law School
Practice Areas:
  • Appellate (90%),
  • Criminal Defense (10%)
Attorney Profile


Mark M. Baker, a New York state prosecutor for ten years before embarking on more than a three decade career as a defense attorney, currently serves of counsel to the white collar criminal defense firm of Brafman & Associates, where he concentrates in federal and state criminal appeals and post-conviction motion litigation, as well as federal habeas corpus. Mr. Baker has argued appeals in federal Circuit Courts around the country. He is admitted to the U.S. District Courts for the Southern, Eastern, Northern and Western Districts of New York; the U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Ninth and Eleventh Circuits; and the U.S. Supreme Court. He is a frequent lecturer before many legal and professional organizations in the areas of criminal motion practice and appellate advocacy. He has also been a guest speaker in other criminal law and procedure-related topics at Harvard University Law School, New York University Law School, Brooklyn Law School, St. John's University Law School, Cardozo Law School and the Touro College Law Center, where he has also served as an adjunct professor of law. Since 1993, Mr. Baker has been serving as a supervising appellate attorney at the Cardozo Law School Criminal Appeals clinic.

About Mark Baker

Admitted: 1973, New York

Professional Webpage:


  • Highest AV rating from Martindale-Hubbell: 1989-present
  • 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:

  • 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:

  • "The Archer Aftermath and Due Process Defense in New York," N.Y.L.J., December, 1981; New York Criminal Practice Handbook, 1994 Supplement, Chapter 16 (Defenses); 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 Asso., Winter, 1998, Vol. 6, No. 2; "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 Passé?," Criminal Justice Journal, N.Y.S. Bar Asso., Winter, 1999, Vol. 7, No. 2; "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 Antiterrorism 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; "Offering Defense Witnesses to New York Grand Juries," N.Y.L.J., December 9, 2009; Counsel’s Obligation to Advise a Defendant on the Right to Testify," N.Y.L.J., September 15, 2011  

Other Outstanding Achievements:

  • listed in Who's Who in American Law, beginning with the 13th Edition, 2003-2004, and Who's Who in America, beginning with the 59th Edition in 2005.

Industry Groups

  • Nat'l Asso Of Criminal Defense Lawyers
  • New York City Bar Asso. NY County Lawyers Asso
  • New York Criminal Bar Asso
  • 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

Mark M. Baker:

Last Updated: 4/4/2019

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