(Main Office)

Statement of Practice

Criminal Trial and Appellate Practice in the Federal and State Courts. Civil Trial Practice, Constitutional Law, Forfeiture Law.

Address

26th Floor
767 Third Avenue
New York, NY 10017, (New York Co.)

Phone

Phone: 212-750-7800
Telecopier: 212-750-3906
URL: http://www.mmbcriminalappeals.com

Website

http://www.lawyers.com/brafman&rosspc

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Andrea Lynn Zellan (Associate) born Holyoke, Massachusetts, January 25, 1969; admitted to bar, 1997, New York and Massachusetts; 2000, U.S. District Court, Southern and Eastern Districts of New York. Education: Barnard College (B.A., cum laude, 1991); Benjamin N. Cardozo School of Law (J.D., cum laude, 1996). Attorney, Legal Aid Society, Criminal Defense Division, Brooklyn, New York, 1996-1999. Member: The Association of the Bar of the City of New York; National Association of Criminal Defense Lawyers. Practice Areas: Criminal Law.Email: Andrea Lynn Zellan

Karen Anne Newirth (Associate) born Huntington, New York, November 9, 1974; admitted to bar, 2003, New York and U.S. District Court, Southern District of New York. Education: Brown University (B.A. with honors, magna cum laude, 1996); New York University School of Law (J.D., 2002). Member: The Association of the Bar of the City of New York; Federal Bar Council Languages: Spanish. Practice Areas: Criminal Law.Email: Karen Anne Newirth

Marc A. Agnifilo (Associate) born New York, New York, August 10, 1964; admitted to bar, 1992, New York; 2007, New Jersey. Education: Connecticut College (B.A., 1986); Brooklyn Law School (J.D., 1990). Chairperson Brooklyn Law School Moot Court Society. Member: Bar of the City of New York (Criminal Operations Committee, 2006-2007); New York State Bar Association (Member, White Collar Crime Subcommittee); New York County Lawyers Association (Member, Federal Criminal Practice Subcommittee). Practice Areas: Federal Criminal Law; Criminal Defense; Corporate Investigations.Email: Marc A. Agnifilo

OF COUNSEL

Mark M. Baker (Of Counsel) born Long Beach, New York, November 20, 1947; admitted to bar, 1973, New York; 1975, U.S. Court of Appeals, Second Circuit; 1976, U.S. Supreme Court; 1989, U.S. Court of Appeals, Third, Fourth, Fifth, Ninth and Eleventh Circuits; U.S. District Court, Eastern, Southern, Northern and Western Districts of New York. Education: Syracuse University (B.S., 1969); Brooklyn Law School (J.D., 1972). Recipient: 1990, Yeshiva University Community Leadership Award; 1989, New York State Supreme Court Officers Association, Leadership Citation as Counsel for Crime Victims Political Platform; 1988, Citation from New York State Assembly for efforts on behalf of Crime Victims. Legal Authorship: "The Archer Aftermath and Due Process Defense in New York," N.Y.L.J., December, 1981; Chapter 16 (Defenses), New York Criminal Practice Handbook, 1994 Supplement; "Death is too Final," N.Y.L.J., February 1995; "The Silent Death of People v. Barrier," 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, 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 Assoc., 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; Miscellaneous Lecture Outlines. Non-Legal Authorship: "Sol Wachtler, A New Leaf," Lifestyles Magazine, Spring, 1996, Vol. 26, No. 143; "Ben Brafman, Swimming in the Fish Bowl," Lifestyles Magazine, Summer, 2001, Vol. 29, no. 172; "Rikki Klieman, the Play's the Thing," Lifestyles Magazine, Fall, 2002, Vol. 30, no. 181. Annual Lecturer, Extraordinary Trial Defenses, New York County Lawyers Association. Periodic Lecturer: Motions Addressed to the Indictment, New York County Lawyers Association, Brooklyn Bar Association, Queens County Bar Association; Appellate Advocacy, Brooklyn Bar Association. Participant in seminars lectures and panel discussions in appellate advocacy and other criminal law and procedure-related topics at New York University Law School, Brooklyn Law School, St. John's University Law School, Cardozo Law School and Touro Law School. Supervising Appellate Attorney: Cardozo Law School Appeals clinic, 1993—. Adjunct Professor of Law, Touro Law School, 1999-2000. Partner, Slotnick & Baker, P.C., 1983-1994. Assistant District Attorney, Kings County, New York, 1973-1976. Special Assistant Attorney General, Chief of Appeals and Counsel, Office of Special State Prosecutor Investigating the New York City Criminal Justice System, 1977-1983. Member: The Association of the Bar of the City of New York (Member, Committee on Criminal Court, 1986-1989; Committee on the Judiciary, 1998-2001, 2007; Member, Council on Criminal Justice, 2004—); New York State Bar Association (Criminal Justice Section, Member, Executive Committee, 2005—; Co-Chair, Committee on Appellate Practice, 2005—); American Bar Association; New York City Criminal Bar Association; National Association of Criminal Defense Lawyers; New York State Association of Criminal Defense Lawyers; New York Counsel of Criminal Defense Lawyers; New York County Lawyers Association. Practice Areas: Criminal Law; Constitutional Law; Appellate and Motion Litigation; Federal Habeas Corpus.Email: Mark M. Baker