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Conservation officers can probably confiscate any deer taken illegally. Since there is no mention of whether the hunter had a tag (license) for a deer for that region or whether it was the appropriate sex
or, if a buck, whether the animal had the minimum required rack "points". Even if the animal was legal in all respects it could have been confiscated because of a direct complaint from the property owner, especially if the hunter was on the property without permission when the deer as harvested.

If the deer was shot in a legal hunting area and ran onto private property, the hunter is supposed to ask the landowner for permission to remove the deer, before crossing the fence onto private property. (A hunter may cross a fence to insure that the deer is dead so that it doesn't suffer while
the shooter gets permission to remove it from private land.)

Hunters must be aware that any time they cross a fence, they may be exiting a legal hunting area
and venturing onto private property.
Fences that have been posted "No Trespassing" make it clear that the fence shouldn't be crossed.
If the fence is unposted the hunter could argue that s/he was unaware that they were leaving the legal hunting area.

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Q: Is legal for a DEC Officer to take a deer from someone when they trespassed on someones property?
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