No, that is how I use it. It is in legato (as it is a legato patch). press a note to hold that note, press select to cancel the note. If you press it for a long time then yes, it goes to select to select a patch but the time you have to hold it is considerably longer than the time you have to cancel it, it would be nearly impossible to do it accidently I would think (certainly never happened to me in hundreds of gigs).
Just looked, and what you are describing is Hold mode, where select toggles between legato and normal mode. I have never used hold mode, mine is always set up in legato mode.