Can a defendant bring a constructive amendment claim?

"An indictment has been constructively amended when the trial evidence or the jury charge operates to broaden the possible bases for conviction from that which appeared in the indictment." United States v. McCourty, 562 F.3d 458, 470 (2d Cir. 2009) (internal quotation marks omitted). But "[n]ot every alteration of

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an indictment . . . rises to the level of a constructive amendment," Dove, 884 F.3d at 146; instead, binding case law has "consistently permitted significant flexibility in proof, provided that the defendant was given notice of the core of criminality to be proven at trial," United States v. Banki, 685 F.3d 99, 118 (2d Cir. 2012) (internal quotation marks omitted). So, to prevail on a constructive amendment claim, a defendant must demonstrate that either the proof at trial or the judge's jury instructions seriously "altered an essential element of the charge." United States v. LaSpina, 299 F.3d 165, 181 (2d Cir. 2002) (internal quotation marks omitted).