He’s indicated he wants to give Trump a sentence of unconditional suspension, eg. a sentence of zero actual punishment but which nevertheless designates him a convicted felon.

The judge, Juan M. Merchan, indicated that he favored a so-called unconditional discharge of Mr. Trump’s sentence, a rare and lenient alternative to jail or probation. He set a sentencing date of Jan. 10, and ordered Mr. Trump to appear either in person or virtually. An unconditional discharge would cement Mr. Trump’s status as a felon just weeks before his inauguration — he would be the first to carry that dubious designation into the presidency — even as it would water down the consequences for his crimes. Unlike a conditional discharge, which allows defendants to walk free if they meet certain requirements, such as maintaining employment or paying restitution, an unconditional discharge would come without strings attached.

• https://www.nytimes.com/2025/01/03/nyregion/trump-sentencing-hush-money-case-ny.html

Unless you think they’re particularly likely to escape, I don’t see the difference between death and life without parole as regards “too dangerous to set free”. The unabomber died in prison serving out that very sentence.

So I don’t think he believed he gets to decide who dies. He’s never supported the death penalty afaik.

He chose to exclude the three mentioned though. So clearly he’s compromising for crimes he or his base see as unforgivably evil.