Mark M Baker

August 06, 2019 | New York Law Journal

Anyone who believes that Manhattan is more sophisticated than say Queens needs to litigate a criminal appeal in the First and Second Departments pursuant to the appendix method or on the original record.

By Mark M. Baker

3 minute read

February 07, 2007 | New York Law Journal

Mark M. Baker, of counsel to Brafman and Associates, writes that no opinion has been more misunderstood and universally misapplied than the Court of Appeals' 90-year-old decision in Shilitano II. Contrary to all Appellate Division authority since, the Court never stated that a recantation is untrustworthy as a matter of law simply because it might amount to no more than impeachment evidence.

By Mark M. Baker

12 minute read

September 15, 2011 | New York Law Journal

Mark M. Baker, of counsel to Brafman and Associates, briefly surveys the rights of the accused with regard to offering their own testimony and the obligation of defense counsel - as opposed to the court - to protect such rights, and the remedy for an aggrieved defendant who has not been properly advised that the ultimate decision is not counsel's to make.

By Mark M. Baker

11 minute read

December 09, 2009 | New York Law Journal

Mark M. Baker, of counsel to Brafman and Associates, writes that a New York state prosecutor lacks discretion to refuse to inform the grand jury of a materially exculpating defense witness whose availability has been called to the prosecutor's attention. Barring a court order to the contrary, he explains, only the grand jury is vested with the discretion to determine whether or not the witness will appear. If this rule is violated, a motion to dismiss, based on a defective grand jury proceeding, will be granted, he warns, given the mere potential of prejudice to the accused.

By Mark M. Baker

10 minute read

March 11, 2009 | New York Law Journal

Mark M. Baker, of counsel at Brafman and Associates, addresses serious issues that have been recently raised concerning whether this ironclad congressional enactment violates the separation of powers by unconstitutionally encroaching upon an Article III court's process of judicial reasoning.

By Mark M. Baker

11 minute read

January 18, 2002 | New York Law Journal

Y our Honor, at the close of the Prosecution`s evidence, I move to dismiss because there was a failure to establish, prima facie, the elements of the offenses charged."

By Mark M. Baker

10 minute read

February 13, 2006 | New York Law Journal

Mark M. Baker, of counsel to Brafman and Associates, writes that recent decisions of the Supreme Court and the U.S. Court of Appeals for the Second Circuit compel a revisiting of the once seemingly inviolate proposition that a motion to set a side a Guilty verdict for any cause except new evidence need be filed within seven days.

By Mark M. Baker

11 minute read

January 20, 2005 | New York Law Journal

Mark M. Baker, of counsel to Brafman and Ross, writes that the U.S. Court of Appeals for the Second Circuit has addressed the issue of when a prior application has been determined on the merits so as to trigger this "gatekeeping" function by the courts of appeals.

By Mark M. Baker

11 minute read