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GUNMAN DRAWS 25 YEARS TO LIFE IN SLAYING OF CLERK DURING ROBBERY

Protesting his innocence, Elijah N. Nance Wednesday was ordered to serve the maximum term of 25 years to life for murdering a convenience store clerk during a robbery last year on Broadway.

Erie County Judge Joseph P. McCarthy rebuked Nance, 29, telling him the shooting of Mary Ann DeSabio, 29, was "so unnecessary." Eyewitnesses said she was willing to give him the cash register receipts "without argument," McCarthy noted.

Nance, who spent 19 months in prison for his role as the driver of a getaway car in a 1979 restaurant holdup, insisted he wasn't one of the three men who robbed the convenience store.

Nance, of Gerhardt Street, was convicted Aug. 26 of second-degree murder, robbery and weapons charges and identified as the man who shot Mrs. DeSabio once in the chest with a sawed-off rifle.

Mark D. Hosken, Nance's court-assigned attorney, said the conviction will be appealed.

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