A Throgs Neck teen claims to be the victim of repeated stop-and-frisk by the NYPD and his attorneys are looking for a case against him to be dismissed.

Destin Burgess' attorney Shannon Griffin says he was stopped on Dewey Avenue and was searched by NYPD officers, but nothing illegal was found. After asking why he was being searched, Burgess says he was arrested, punched in the face and charged with harassment and resisting arrest.

Burgess says he's been stopped over five times in the last few months but has not been charged. Police responded saying, "Police observed a male known to the department. Based on information obtained from an active and ongoing investigation, a stop was conducted."

The NYPD also says the incident is under review. Griffin, who works with the Legal Aid Society, says that excuse doesn't hold up.

Griffin wants District Attorney Darcel Clark to dismiss the case. News 12 reached out to the DA who responded in a statement, saying in part, "The video was given to us by the defense some weeks ago and we have been looking into it. His case has been delayed in part because he bench warranted for five months."

Burgess' team says their client missed one court appearance early on, and that has nothing to do with the delay. If nothing changes, Burgess will be in court to begin his trial on Dec. 5.