What is the test for establishing a "plain error" in a jury instruction de novo?

"To establish plain error, [an] appellant must show there was (1) error (2) that is plain and (3) that affects substantial rights." United States v. Cossey, 632 F.3d 82, 86-87 (2d Cir. 2011). If these three criteria are satisfied, "we may exercise our discretion to notice the forfeited error only if it seriously affect[s] the fairness, integrity, or public reputation of the judicial proceedings." Id. at 87 (internal quotation marks omitted).

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For preserved arguments, we "review a district court's jury instruction de novo to determine whether the jury was misled about the correct legal standard or was otherwise inadequately informed of controlling law. A new trial is required if, considering the instruction as a whole, the cited errors were not harmless, but in fact prejudiced the objecting party." Girden v. Sandals Int'l, 262 F.3d 195, 203 (2d Cir. 2001).