N.Y. Penal Law § 490.45

§ 490.45 Criminal possession of a chemical weapon or biological weapon\n in the first degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the first degree when he or she possesses:\n 1. any select chemical agent, with intent to use such agent to:\n (a) cause serious physical injury to, or the death of, another person;\nand\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. any select chemical agent, with intent to use such agent to cause\nserious physical injury to, or the death of, more than two other\npersons; or\n 3. any select biological agent, with intent to use such agent to cause\nserious physical injury to, or the death of, another person.\n Criminal possession of a chemical weapon or biological weapon in the\nfirst degree is a class A-I felony.\n