N.Y. Penal Law § 490.47

§ 490.47 Criminal use of a chemical weapon or biological weapon in the\n third degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the third degree when, under circumstances evincing a depraved\nindifference to human life, he or she uses, deploys, releases, or causes\nto be used, deployed, or released any select chemical agent or select\nbiological agent, and thereby creates a grave risk of death or serious\nphysical injury to another person not a participant in the crime.\n Criminal use of a chemical weapon or biological weapon in the third\ndegree is a class B felony.\n