N.Y. Penal Law § 490.40

§ 490.40 Criminal possession of a chemical weapon or biological weapon\n in the second degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the second degree when he or she possesses any\nchemical weapon or biological weapon with intent to use such weapon to:\n 1. (a) cause serious physical injury to, or the death of, another\nperson; and\n (b) (i) intimidate or coerce a civilian population;\n (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n (iii) affect the conduct of a unit of government by murder,\nassassination, or kidnapping.\n 2. cause serious physical injury to, or the death of, more than two\npersons.\n Criminal possession of a chemical weapon or biological weapon in the\nsecond degree is a class B felony.\n