I figured I would post this as it happened a few miles from my house. One of the shooters is a local deer processer and a good guy.
These same animals escaped last hunting season and a friend of mine saw them while deer hunting. He said he was very tempted but didn't shoot. Ok- what would you do if you are in your stand and a BIG bull elk comes trotting up?
http://blog.syracuse.com/outdoors/2011/12/deer_hunters_mistakenly_shoot.html
These guys may end up getting a ticket because their excuse was "I thought is was a deer". Therefore the DEC can give them a ticket for not properly identifing their target. Now if they said "I saw an elk so I shot it" they wouldnt be in any trouble because Elk are not a protected species in New York therefore have no regulations. (IE- wild boar).