N.Y. Penal Law § 490.47 (2026)

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