^ It’s a subjective view. Noir is definitely a difficult thing to pin down. You have obvious noir, which is all about a tense mood: dark streets, limited use of lighting, shadows, noises. Then there’s the less obvious. This is far more a case of cinematography; shown in camera angles, music, length of shots than anything else.
So it’s really up to you. Personally I think that Rockstar knows what they’re doing and have plenty of experience in making highly cinematic, tense thriller games; there have been moments in GTA games and RDR that display this quality extremely well, but none of us have been able to see anything about Max Payne 3 longer than a trailer to discern whether or not it is noir.
The trailer’s definitely noirish though, but that’s just a trailer. Get me some good music and rain effects and I can turn the Teletubbies into Philip Marlowe.