N.Y. Penal Law § 490.37

§ 490.37 Criminal possession of a chemical weapon or biological weapon\n in the third degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the third degree when he or she possesses any\nselect chemical agent or select biological agent under circumstances\nevincing an intent by the defendant to use such weapon to cause serious\nphysical injury or death to another person.\n Criminal possession of a chemical weapon or biological weapon in the\nthird degree is a class C felony.\n