2006 New York Code - Criminal Possession Of A Chemical Weapon Or Biological Weapon In The Third Degree.

 
  § 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.