Subdivision 1 of section 751 of the Judiciary Law provides for punishment by fine of up to $250, or by imprisonment not to exceed 30 days, or both. As the affidavit in opposition correctly points out, the sentence imposed herein exceeded that provided for in the above-mentioned section. We agree with the suggestion contained in that affidavit "that the matter of penalty be remanded to respondent since it is in the discretion...
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