N.Y. Penal Law § 490.37 (2026)

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