People v. Scott

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Although defendant’s contention that County Court erred in failing to hold an Outley hearing to determine the legality of his postplea arrest survives his valid waiver of the right to appeal (see People v Arrington, 94 AD3d 903, 903 [2012]; People v Peck, 90 AD3d 1500, 1501 [2011]; People v Butler, 49 AD3d 894, 895 [2008], lv denied 10 NY3d 932 [2008], reconsideration denied 11 NY3d 830 [2008]), that contention is…