Max Payne and The Fall of Max Payne have been rated for Xbox 360 by the ERSB. Most assuredly both games will be downloadable releases in the Xbox Live Marketplace releases.
The first Max Payne debuted way back in 2001 on PC and later was released for Xbox and PS2 consoles.
Max Payne 2: The Fall of Max Payne was released in October of 2003 for PC, PS2 and Xbox.
Note: The games may arrive as Xbox Originals, but the fact that they're multi-platform (like Duke Nukem and Doom) makes it unclear. They could well be slightly updated (achievements and such) and end up in the Arcade.
http://www.examiner.com/x-3707-LA-Gaming-News-Examiner~y2009m3d30-Max-Payne-1-and-2-rated-for-Xbox-360-heading-to-XBLA