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Mark M. Baker

About me

Mark M. Baker, Esq., is a New York City criminal appeals and post-conviction/post-judgment motion litigation attorney who defends and protects the rights of people with criminal convictions. If you have the financial means to retain Mr. Baker as private counsel, you will receive representation from a New York City criminal appeals and criminal motion lawyer with well over 40 years of experience creating compelling appellate arguments in criminal cases. He represents high-profile cases as well as cases involving ordinary citizens with the same dedicated approach.

Mr. Baker has been an appellate and post-conviction/post-judgment criminal motion attorneysince 1973. During his first 10 years in practice, he honed his skills through handling criminal appeals and post-conviction/post-judgment collateral challenges as an assistant district attorney for the Brooklyn, New York (Kings County) District Attorney's Office and then as a special assistant attorney general in the state of New York's Office of the Special Prosecutor Investigating the New York City Criminal Justice System, where he served as chief appellate attorney and counsel.

In 1983, he began his career as a defense attorney concentrating in criminal appeals and post-conviction/post-judgment motion litigation, partnering with celebrated trial lawyer Barry I. Slotnick. He has been intricately involved in several prominent cases, including Bernhard Goetz's 1987 acquittal of all subway shooting charges. Mr. Baker has maintained his owncriminal appeals and post-conviction litigation practice since 1994, and he also serves as "of counsel" to the law firm of nationally recognized criminal defense attorney Benjamin Brafman.

Mr. Baker has authored numerous articles for criminal law journals in New York and regularly lectures at law schools and before bar associations in New York. He has served as a supervising attorney at the Cardozo Law School Criminal Appeals Clinic since 1993. He was elected a fellow of the New York State Bar Foundation in 1999. He has been listed in Who's Who in American Law since 2003 and Who's Who in America since 2005. Among many other honors, he was selected for inclusion in the 2009 New York Super Lawyers list, and has enjoyed the highest AV rating from Martindale-Hubbell since 1989.

Today, Mr. Baker's practice includes criminal motions litigationfederal habeas corpus,  New York post-conviction/post judgment challenges and criminal appeals. He is dedicated to a thorough, exhaustive approach in each case that he accepts. Where reviewable issues exist in your case, Mr. Baker will pursue the best possible outcome in a resourceful, creative and compassionate manner.

Mr. Baker offers a free initial consultation and flexibility with appointments. If you believe you have grounds for an appeal or other challenge to your criminal conviction, contact Mr. Baker for more information.






Practice areas


  1. Appeals: 90%
    43 years
  2. Federal Crime: 10%
    43 years

Attorney endorsements

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  • Saul Bienenfeld

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    Saul Bienenfeld Criminal defense Attorney
    Relationship: Worked together on matter

Contact info

767 Third Avenue
26th Floor
New York, NY, 10017


NYCurrently registered 197303/07/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Award nameGrantorDate granted
Super LawyerNew York Super Lawyers2015
Super LawyerNew York Super Lawyers2014
Super LawyerNew York Super Lawyers2013
Super LawyerNew York Super Lawyers2012
Super LawyerNew York Super Lawyers2011
Super LawyerNew York Super Lawyers2010
Super LawyerNew York Super Lawyers2009
Listing in Who's WhoWho’s Who in American Law beginning with 13th Edition, 20032003
Elected FellowNew York State Bar Foundation1999
Community Leadership AwardYeshiva University1990
Yeshiva University Community Leadership AwardN/A1990
Leadership - Counsel for Crime Victims Political PlatformNew York State Supreme Court Officers Association1989
Work experience
TitleCompany nameDuration
PartnerSlotnick & Baker, P.C1987 - 1994
AttorneySlotnick & Cutler, P.C.1983 - 1989
Association namePosition nameDuration
Committee on Appellate PracticeCo-Chair2005 - Present
Executive CommitteeMember2005 - Present
Council on Criminal JusticeMember2004 - Present
U.S. District Court Northern District of New YorkMemberN/A
U.S. District Court Western District of New YorkMemberN/A
U.S. Court of Appeals 2nd CircuitMemberN/A
U.S. Court of Appeals 3rd CircuitMemberN/A
U.S. Court of Appeals 4th CircuitMemberN/A
Association of the Bar of New York CityMemberN/A
U.S. Court of Appeals 5th CircuitMemberN/A
U.S. Court of Appeals 9th CircuitMemberN/A
U.S. Court of Appeals 11th CircuitMemberN/A
U.S. District Court Eastern District of New YorkMemberN/A
U.S. District Court Southern District of New YorkMemberN/A
New York County Lawyers' AssociationMemberN/A
New York State Bar AssociationMemberN/A
American Bar AssociationMemberN/A
New York City Criminal Bar AssociationMemberN/A
National Association of Criminal Defense LawyersMemberN/A
New York State Association of Criminal Defense LawyersMemberN/A
New York Counsel of Criminal Defense LawyersMemberN/A
U.S. Supreme CourtMemberN/A
Committee on the JudiciaryMember1998 - 2001
Committee on Criminal CourtMember1986 - 1989
Legal cases
Case nameOutcome
People v. NisthalalJudgment reversed and indictment dismissed, court finding that the jury's verdict could not be supported. Go to
See all legal cases 
Publication nameTitleDate
New York Law JournalDoes Federal Anti-Terror Act Infringe on Court Independence2009
New York Law JournalOffering Defense Witnesses to New York Grand Juries2009
New York Law JournalNewly Discovered Evidence Claims Based on Recantation2007
New York Law JournalFederal Post-Verdict Motions An Update2006
New York Law JournalAEDPA: Habeas Petitions2005
New York Law JournalIneffective Assistance of Counsel Claims and Deportation Consequences2004
New York Law JournalPost-Verdict Motions Under State and Federal Criminal Practice2003
New York Law JournalPreserving Appeals Over Evidentiary Insufficiency2002
New York Law JournalHabeas Under the Antiterrorism and Effective Death Penalty Act2002
Lifestyles MagazineRikki Klieman, the Play's the Thing2002
New York Law JournalThe Rosario Per Se Rule: Rest in Peace2001
Lifestyles MagazineBen Brafman, Swimming in the Fish Bowl2001
New York Law JournalCrafting Criminal Leave Applications: An Update2000
New York Law Journalxhausting State Remedies in Criminal Leave Applications1999
Criminal Justice JournalRemedying Rosario Violations Uncovered after Verdicts and Following Pre-trial Hearings: Has Per Se Become Passe? ol. 7, No. 21999
Criminal Justice JournalPetit Jury Versus Grand Jury Instructions: Exploring a Legal Wilderness; Vol. 6, No. 21998
New York Law JournalThe Silent Death of People v. Bernier1997
Lifestyles MagazineSol Wachtler, A New Leaf1996
New York Law JournalPerspectives: "Death is too Final1995
New York Law JournalThe Archer Aftermath and Due Process Defense in New York1981
School nameMajorDegreeGraduated
Brooklyn Law SchoolLawJD - Juris Doctor1972
Syracuse UniversityN/ABS - Bachelor of Science1969