

Payne's look changed significantly for the third game, featuring an older, bald and bearded Max this move received overwhelmingly negative reactions. McCaffrey said that performing motion capture helped match the dialogue to the scenes and compared it to "having to act in Avatar." In the end, however, McCaffrey did return to the role of Max in Max Payne 3, for which he also provided the motion capture material. McCaffrey recalled: "Originally, I’d worked on a show called Swift Justice, and there were some similarities between the two characters in terms of them both having experienced some family tragedy and were familiar with the concept of vengeance, but there weren't any specific characters that Max is based on." In an early announcement from Rockstar Games (the franchise's new developer and publisher), Max's voice actor was to be recast with an older actor. In both games, Max's voice actor was James McCaffrey.
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Due to having a much larger budget this time, the developers were able to hire professional actors, choosing Timothy Gibbs to be the new model for Max. For Max Payne 2: The Fall of Max Payne, however, Lake declined the role. Lake also dressed up and played this role for the graphic novel-style cutscenes. He was modeled after Sam Lake (Sami Järvi), who wrote the game's story and script for the Finnish company Remedy Entertainment. In the creation of Max Payne, the publisher 3D Realms "wanted to develop another strong character that would be the foundation for a new gaming franchise, much like we had done with Duke Nukem." The titular character of Max Payne was originally named Max Heat, and 3D Realms spent over $20,000 worldwide trademarking this name before someone at the company suggested the last name Payne, which was immediately adopted.

Sam Lake created the character his face was used in the original Max Payne The character has been well-received by media. At the start of Max Payne 3, which was developed by Rockstar Games, Max finds himself employed as a bodyguard for Rodrigo Branco, a wealthy businessman in São Paulo, Brazil, but is soon drawn into another conspiracy. In the second game, Max Payne 2: The Fall of Max Payne, he returns to the department as a detective and must solve a conspiracy filled with death and betrayal, which has a deep effect on his personal life. Max becomes a vigilante following the murder of his family and, later, the murder of his police partner, for which he was framed.

In the original Max Payne, Max is an NYPD police detective and an undercover special agent for the DEA.
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The first and third game in the series present the story as retold by Max from his point of view, while the second game alternates between his and that of the femme fatale character Mona Sax.

Mark Wahlberg portrayed Max in the 2008 film adaptation of the series. In the first game, the character was portrayed by Lake, with Timothy Gibbs and James McCaffrey later taking over the role, and consistently voiced by McCaffrey. The game's publisher, 3D Realms, intended Max to serve as the "foundation of a new gaming franchise". Max was introduced in the 2001 third-person shooter Max Payne, which was written by Sam Lake and developed by Remedy Entertainment. Max Payne is a fictional character and the playable protagonist of the neo-noir video game series of the same name. New York City Police Department (formerly) Max Payne in a promotional image for Max Payne 3
