Appellate Division of the Supreme Court of the State of New York April 25, 1985 (People v. Jones)

— Harvey, J.

Defendant and his wife, Anna, were arrested on December 6, 1980 and charged with arson in the third degree. Anna gave a sworn statement to police admitting that she and her husband committed the crime. Defendant and Anna drove to the residence of the victim on December 5,1980, and defendant waited in the car while Anna poured gasoline inside the victim’s car and ignited it.