You are correct. While ten days in jail is hardly a pleasant experience, it's probably worth it. In New York State, a criminal conviction remains on your record forever and would likely cause significant problems with future employment— on every application, you would have to admit that you were convicted of attempted larceny, and no employer wants to hire a thief. A conviction for a violation, on the other hand, will be sealed under Criminal Procedure Law section 160.55 and you won't have to explain anything to employers.

