OK, and what's Merchan going to do about it when he inevitably violates it next time? They're not going to throw him in the county pokey, are they? Because that's what he wants! Although I'm not sure that would have the effect of bringing moderates over to his side. After all, practically by definition, moderates don't have the same burning despite of government as people like Trump do.
I would guess that if they were to "incarcerate" him—which, I don't know whether they would actually go through with it, but if they were to—it would be at one of his suites in Trump Tower, and it's probably better than 50/50 they would allow him to maintain access to the press and communication devices, so he would continue to violate while "incarcerated", and then they'd have to escalate the punishment, and the more steps they are seen taking to escalate the punishments, the more it looks like the deep state is hammering him, and I think that might start bringing moderates over to his side. So, to avoid that, if they're actually going to incarcerate him, I would think the only effective way would be to rip off the band-aid and throw him into the county pokey right off the bat.